20050061 Ver 3_Approval Letter_20070716

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
July 16, 2007
Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act with ADDITIONAL CONDITIONS for Proposed improvements Proposed Widening to NC 67 from
SR 1355 to US 601, TIP No. R-3415
Individual WQC No. 3502
Yadkin County
Dear Dr. Thorpe:
Attached hereto is a modification dated July 13, 2007 of Certification No. 3502 issued to The North Carolina
Department of Transportation dated March 28, 2005 and modified June 3, 2005 and July 1, 2005.
If we can be of further assistance, do not hesitate to contact us.
Sinc ely,
~c
Coleen Sullins,
Director
Attachments
cc: Monte Matthews, US Army Corps of Engineers, Raleigh Field Office
Mike Pettyjohn, PE, Division 11 Engineer
Phil Harris, NCDOT Natural Environment Unit
Heath Slaughter, Division 11 Environmental Officer
Marla Chambers, NC Wildlife Resources Commission
Marella Buncick, US Fish and Wildlife Service
Ecosystem Enhancement Program
DWQ Winston-Salem Regional Office
DWQ Transportation Permitting Unit
NorthCarolina
Transportation Permitting Unit ~aturQ~~l/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] /Internet: http:,f/h2o.enr.state.nc.us/ncwetlands
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~,7~ ~~k .,~ William G. Ross Jr., Secretary
r; North Carolina Department of Environment and Natural Resources
r~;~ K ~-~ ~~ Coleen Sullins, Director
=~ Division of Water Quality
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Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
with ADDITIONAL CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15
NCAC 2H .0500. This certification authorized the NCDOT to place temporary fill material in 2601inear feet of
jurisdictional streams and permanent fill material, culverts, and piping in 1,162 linear feet of jurisdictional streams
in Yadkin County. The project shall be constructed pursuant to the application and supplemental information dated
January 7, 2004 (received January 11, 2005) and March 21, 2005 (received March 21, 2005), respectively; the
modification application dated May 18, 2004 (received May 24, 2005); and the modification application and
supplemental information dated May 31, 2007 (received June 5, 2007) and June 12, 2007 (received June 15, 2007)
respectively, to improve the section of NC 67 from SR 1355 (Messick Road) to US 601 in Yadkin County. The
approved design is that submitted in your application, supplemental information, and modification dated January 7,
2004 and March 21, 2005, and May 18, 2005, May 31, 2007 and June 12, 2007 respectively. The modified
authorized impacts are as described below:
Tahle 1. Surface Water Impacts for the Yadkin-Pee Dee River Basin
------ -- ------
Temporary
On-Site
Stream Stream Mitigation Mitigation
Section Stream Impacts Impacts Stream
Type Required to be
(linear feet) (linear feet) (linear feet) conducted
linear feet
Site 1 Lineberry Creek 65 24 Perennial 0
Site 1 UT to Lineberry 325 Perennial 325 325
Creek
Site 2 Williams Creek 80 21 Perennial 21
Site 3 Williams Creek 60 43 Perennial 43
Site 3 Williams Creek 208 208 211
Site 3 UT to Williams 74 Perennial 0 74
Creek
Site 4 UT to Williams 64 Perennial 0
Creek
Site 5 UT to Williams 55 36 Perennial 0
Creek
Site 6 UT to North Deep 126 Perennial 0 77
Creek
Site 7 UT to North Deep 44 Perennial 0
Creek
Site 8 UT to North Deep 36 Perennial 0
Creek
Site 9 UT to North Deep 68 Perennial 0 ~,
Creek
Site 10 UT to North Deep 92 Perennial 0
Creek
Total 260 1,162 604 687
NorthCazolina
Transportation Permitting Unit 'Natllra~~l/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]nternet: http:!/h2o.enr.state.nc~us/ncwetiands
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~,~..;, William G. Ross Jr., Secretary
~~e{' r, North Carolina Department of Environment and Natural Resources
~ ~ ' ~, Coleen Sullins, Director
j , Division of Water Quality
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The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin River
Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate
the applicable portions of Sections 301, 302, 303; 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your modified application dated May
31, 2007 and June 12, 2007. All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated March 28, 2005 and modified June 3, 2005 and July 1, 2OO5.sti11 apply except
where superceded by this certification. Should your project change, you are required to notify the DWQ and submit
a new application. If the property is sold, the new owner must be given a copy of this Certification and approval
letter, and is thereby responsible for complying with all the conditions. If any additional wetland impacts, or stream
impacts, for this project (now or in the future) exceed one acre or 15O1inear feet, respectively, additional
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to
remain valid, you are required to comply with all the conditions listed below. In addition, you should obtain all
other federal, state or local permits before proceeding with your project including (but not limited to) Sediment and
Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. This Certification
shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit.
Condition(s) of Certification:
1. All other conditions written into previous Water Quality Certifications dated March 28, 2005 and modified
June 3, 2005 and July 1, 2OO5.for this project still apply.
2. This modification approves on-site mitigation for stream relocations at Site 1, Site 3, and Site 6.
3. Compensatory mitigation for impacts to jurisdictional streams shall be provided by a total of 687 linear
feet of onsite stream relocations:
325 linear feet of an unnamed tributar to Lineberr Creek at Site 1
74 linear feet of an unnamed tributar to Williams Creek at Site 3
211 linear feet of Williams Creek at Site 3
77 linear feet of unnamed tributa to North Dee Creek at site 6
The onsite stream relocation shall be constructed in accordance with the design submitted in your May 31,
2007 and June 12, 2007 modification documentation. Please be reminded that as-builts for the completed
streams shall be submitted to the North Carolina Division of Water Quality 401 Wetlands Unit with the
as-builts for the rest of the project. All channel relocations will be constructed in a dry work area, will be
completed and stabilized prior to diverting water into the new channel. Whenever possible, channel
relocations shall be allowed to stabilize for an entire growing season. All stream relocations shall have a
native wooded buffer planted on both sides of the stream as per the application documentation submitted
dated June 12, 2007. If the parameters of this condition are not met, including failure to secure permanent
control of the proposed buffer areas, then the permittee shall supply offsite stream mitigation for all
impacts.
No thCarolina
Transportation Permitting Unit ~atura!!l~/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] /Internet: http:l/h2o.enr.state.nc.us/ncwetlands
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
5. The permittee shall visually monitor the vegetative plantings to assess and ensure complete stabilization of
the mitigation stream segments. The monitoring shall be conducted annually for a minimum of 3 years
after final planting. Photo documentation should be utilized to document the success of the riparian
vegetation and submitted to DWQ in a final report. After 3 years a site visit shall be conducted by DWQ
to "close out" the mitigation site.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. This Certification shall become null and void unless the above conditions are made
conditions of the Federa1404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the
expiration of the 404 or LAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty
(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to
Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have
the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and binding.
This the 16`i' day of July 2007
DIVISION OF WATER QUALITY
/~
Coleen Sullins
Director
WQC No. 3502
No ehCarolina
Transportation Permitting Unit ~atuCa!!y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]nternet: http:l/h2o.enr.state.nc.ustncwetlands
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