The URL can be used to link to this page

Home My WebLink About20191006v4ModROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Jamie J. Lancaster, P.E. Environmental Analysis Unit NC Department of Transportation 1598 Mail Service Center Raleigh, NC 27699-1598 NORTH CAROLINA Environmental Quality January 12, 2023 Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for Proposed improvements to 1-40/I-77 interchange improvements including I-40 from west of SR 2003 to SR 2158 and I-77 from south SR 2321 to south SR 2171 in Iredell County, TIP I-381913, NCDWR Project No. 2019-1006v4. Dear Mr. Lancaster: Attached hereto is a modification of Certification No. WQC004203 issued to The North Carolina Department of Transportation (NCDOT) dated November 19, 2019, revised January 30, 2020; modified February 12, 2021 and December 9, 2021. If we can be of further assistance, do not hesitate to contact us. Sincerely Docu igned by: aKAy CttAYApV1t0JA. 9C9886312DCD474... Richard E. Rogers, Jr., Director Division of Water Resources Attachments Electronic copy only distribution: Monte Matthews, US Army Corps of Engineers, Raleigh Field Office Michael Turchy, NCDOT EAU Holland Youngman, US Fish and Wildlife Service Amanetta Somerville, US Environmental Protection Agency Andrea Leslie, NC Wildlife Resources Commission File Copy North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 e:��D E 919.707.9000 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 Resources (NCDWR) Regulations in 15 NCAC 2H .0500 This certification authorizes the NCDOT to impact additional linear feet of jurisdictional streams in Iredell County as shown in the table below. The project shall be constructed pursuant to the modification dated received December 30, 2022. The additional authorized impacts are as described below: Stream Impact Changes in the Yadkin-PeeDee River Basin Permanent Permanent Temp Perennial Perennial DWR Mitigaiton Site perennial Bank Channel Impacts Channel Required (If) Stabilization (11) (if) Impacts(It) Site 22 430 45-5 0 9047 0 0 Site 22A 0 20 0 0 Site 22B 25 25 0 25 Site 23 0 1 78 8 1 20 33 1 0 TOTAL: 25 1 123 1 20 1 25 The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin-PeeDee 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 received December 30, 2022. All the authorized activities and conditions of certification associated with the original Water Quality Certification and subsequent modifications dated November 19, 2019, revised January 30, 2020; modified February 12, 2021, and December 9, 2021. Should your project change, you are required to notify the NCDWR 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 150 linear feet, respectively, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). 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. 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 Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. North Carolina Department of Environmental Quality I Division of Water Resources E512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 _ 919.707.9000 The petition may be faxed -provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Bill F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center This the 12th day of January 2023 DIVISION OF WATER RESOURCES EDocuSigned by: lk� C�AApK,AP, 9 6312DCD4 4... Richard . ogers, r., Director WQC No 004203 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality NCDWR Project No.: Applicant: Project Name: County: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certification Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Registration No. North Carolina Department of Environmental Quality I Division of Water Resources :f D, E Q 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 � � F