20230823_US74_23_19BridgeImprovements_MOD

DocuSign Envelope ID: 6CECF1 E3-A518-4DD7-8027-5562B69A80EB
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr. Patrick Breedlove, Division PDEA Engineer
NCDOT Division 14
253 Webster Road
Sylva, NC 28779
NORTH CAROLINA
Environmental Quality
August 23, 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 US 23/74/19 in Haywood County, TIP B-
3186 and B-5898.
NCDWR Project No. 20211241 v.2
Dear Mr. Breedlove:
Attached hereto is a modification of General Certification No. 4135 issued to The North Carolina Department of
Transportation (NCDOT) dated October 21, 2021.
If we can be of further assistance, do not hesitate to contact us.
DocuSigned by:
Sin ere y,
ak%I 61104AIA,
4F4DD2F21 EA846E...
Richard E. Rogers, Jr., Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Crystal Amschler, US Army Corps of Engineers, Asheville Field Office
Kevin Barnett, Division 14 Environmental Officer
Holland Youngman, US Fish and Wildlife Service
Dave McHenry, NC Wildlife Resources Commission
File Copy
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

DocuSign Envelope ID: 6CECF1 E3-A518-4DD7-8027-5562B69A80EB
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 1,211 linear feet of jurisdictional
streams in Haywood County. The project shall be constructed pursuant to the modification dated received July 11,
2023. The authorized impacts are as described below:
Stream Impacts in the French Broad River Basin
Stream Impacts
Permanent Fill in
Temporary Fill
Total Stream
Site
Perennial Stream
in Perennial
Impact
Requiring
Mitigation
(linear ft)
Stream (linear ft)
(linear feet)
(linear ft)
Original approved impacts at Site 1
4-65
4-65
Impacts with this approval at Site 1
115
115
impacts approved at Site 2
.94
.94
—Original
Impacts with this approval at Site 2
80
80
Original approved impacts at Site 3
4, 3
34
1,201
hn acts with this approval at Site 3
1,006
10
1,016
TOTAL:
1,006
205
1,211
0
Total Stream Impact for (Site/Modification): 1,211 linear feet
The application provides adequate assurance that the discharge of fill material into the waters of the French Broad
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 July 11, 2023. All the authorized activities and conditions of the certification associated with the original
Water Quality Certification dated October 21, 2021, still apply except where superseded by this certification.
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 0.1 acre or 300 linear feet, respectively, additional compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (c) (2) and (4). 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. This modification is applicable only to the additional proposed activities. All of the authorized activities
and conditions of the certification associated with the original Water Quality Certification dated October
21, 2021, still apply except where superseded by this certification.
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.
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
j��D_E 919.707.9000

DocuSign Envelope ID: 6CECF1 E3-A518-4DD7-8027-5562B69A80EB
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.
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: [phone], Facsimile: [phone]
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 23rd day of August 2023
DIVI.�IOVff,WATER RESOURCES
4F4DD2F21 EA846E...
Richard E. Rogers, Jr., Director
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 Q-5 919.707.9000

DocuSign Envelope ID: 6CECF1 E3-A518-4DD7-8027-5562B69A80EB
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
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
0e: f D, E Q 919.707.9000
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