20040271 Ver 5_Approval Letter_20071115

e
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
November 15, 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 to I-85 from
North of SR 1002 to North of SR 2120 in Rowan County, State Project No. 8.1631503, TIP I-
2511CB.
DWQ Project No. 20040271x. 5
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3456 issued to The North Carolina Department of
Transportation dated Apri120, 2004.
If we can be of further assistance, do not hesitate to contact us.
Si cerely,
~rColeen Sullins,
Director
Attachments
cc: John Thomas, US Army Corps of Engineers, Raleigh Field Office
Kent Boyer, Division 9 Environmental Officer
Kathy Matthews, Environmental Protection Agency
Marla Chambers, NC Wildlife Resources Commission
Marella Buncick, US Fish and Wildlife Service
Sue Homewood, DWQ Winston-Salem Regional Office
File Copy
N~one~Carolina
Transportation Permitting Unit ~ -'utuCQ~~I~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: htto://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

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 impact an additional 13
linear feet of jurisdictional streams in Rowan County. The project shall be constructed pursuant to the
modification dated received October 30, 2007. The authorized impacts are as described below:
Stream Im acts in the Yadkin-Pee Dee River Basin
Site Permanent Temporary Permanent Temporary Total Stream
Fill in Fill in Fill in Fill in Stream Impacts
Intermittent Intermittent Perennial Perennial Impact Requiring
Stream (linear Stream (linear Stream Stream (linear ft) Mitigation
ft ft linear ft linear ft 'near ft
Original approved 0 0 102 30 132 0
impacts at Site 1
New additional impacts 0 0 13 0 13 0
with this approval at
Site 1
Total 0 115 30 145 0
Total Stream Impact for Site l: 145 linear feet
The application provides adequate assurance that the discharge of fill material into the waters of the
Yadkin-Pee Dee 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 October 30, 2007. All the authorized activities and conditions of certification associated
with the original Water Quality Certification dated Apri120, 2004 and the subsequent modifications dated
January 7, 2005; February 9, 2005; October 6, 2005; and November 30, 2005 still 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
1501inear feet, respectively, additional compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h) (6) and (7). For this avnroval to remain valid, you are required to comply with X11
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: htto://h2o.enr.state.nc.uslncwetlands
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
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 original Water Quality Certification dated Apri120, 2004 and
the subsequent modifications dated January 7, 2005; February 9, 2005; October 6,-2005; and
November 30, 2005 for this project 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 Federa1404 and/or Coastal Area Management Act Permit. This Certification
shall expire upon the expiration of the 404 or CAMA 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 15th day of November 2007
DIVISION OF WATER QUALITY
~Coleen Sullins
Director
WQC No. 3456
No Caro~j'na
Transportation Permitting Unit ~''"tuCa"t/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]! FAX [phone] Internet: http:lJh2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper