20041246 Ver 2_Approval Letter_20060914

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 14, 2006
Heath Slaughter
Division Environmental Officer, Division 11
North Carolina Department of Transportation
PO Box 250
North Wilkesboro, North Carolina, 28659
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal
Clean Water with ADDITIONAL CONDITIONS for Proposed improvements to US 321in
Caldwell County, TIl' R-2273B, Individual WQC No. 3481, DWQ Project No. 20041246 v. 2
Dear Mr. Slaughter:
Attached hereto is a modification of Certification No. 3481 issued to The North Carolina Department of
Transportation dated October 5, 2004. This modification is applicable only to the additional proposed
activities. All the authorized activities and conditions of certification associated with the original Water
Quality Certification dated October 5, 2004 and subsequent modifications still apply except where
superceded by this certification.
If we can be of further assistance, do not hesitate to contact us.
Attachments
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Alan W. Klimek, P.E.
Director
cc: John Thomas, US Army Corps of Engineers, Raleigh Field Office
Chris Militscher, Environmental Protection Agency
Marla Chambers, NC Wildlife Resources Commission
Marella Buncick, US Fish and Wildlife Service
Mike Parker, DWQ Asheville Regional Office
File Copy
Na" Caro}~,na
Transportation Permitting Unit ~tllCQll j~
1650 Mail Service Center, Raleigh, NoRh Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, NoRh Carolina 27604
Phone: [phone] I FAX [phone] ! Internet: htto~//h2o enr.state.nc.uslncwetlands
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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 impact 35 linear feet of
jurisdictional streams in Caldwell County. The project shall be constructed pursuant to the modification
dated received August 28, 2006. The authorized impacts are as described below:
Stream Impacts in the Catawba 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 'near ft 'near ft 'near ft
Original approved 600 0 0 0 600 0
im acts at Site 8
New additional impacts 35 0 0 0 35 0
with this approval at
Site 8
Total 635 635 0
Total Stream Impact for Project:. 635 linear feet
The application provides adequate assurance that the discharge of fill material into the waters of the
Catawba 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 August 28, 2006. All the authorized activities and conditions of certification associated
with the original Water Quality Certification dated October 5, 2004 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 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.
_ A~ne~'CarO).1Da
Transportation Permitting Unit 1V/ ~utuCa~~lf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 CrabUee Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality

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~ O~ w~+rF~, William G. Ross Jr., Secretary
\O`J pG North Carolina Department of Environment and Natural Resources
~ Alan W. Klimek, P.E. Director
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Condition(s) of Certification:
1. All other conditions written into the previous Water Quality Certification dated October 5, 2004
for this project still apply.
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 14th day of September 2006
DIVISION OF WATER QUALITY
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Alan W. Klimek, P.E.
Director
WQC No. 3481
NBC Cazo~'na
Transportation Permitting Unit ~'""tuCa"~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Sufte 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmativeAaion Employer - 50% Recycled110% Post Consumer Paper