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Home My WebLink About20150362 Ver 3_Approval Letter_20160322Wafer Resources ENVIRONMENtAL OUALIiY March 22, 2016 Mr. Philip S. Harris, II1, P.E., CPM Natural Environment Section Head Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 PAT MCCRORY � DONALD R. VAN DER VAART 5n�remrv S. JAY ZIMMERMAN l)ilEcfJl' Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDI7'IONAL CONDITIONS for Proposed improvements to Cold Water Creek in Cabarrus County, Federal Aid ProjectNo. FANHIMF-085-2(61)55, TIP 1-3802A. NCDWR Project No.20150362 v3 Dear Mr. Harris: Attached hereto is a modification of NCDWR Project no. 20150362 and associated General Certifieation No. 3886 issoed [o The North Carolina Department of Transpo�tation (NCDOT) dated June 2, 2015 version l; June 29, 2015 version 2. If we can be of further assistance, do not hesitate to contact us. �rely, C�� V _�� S. Jay Zimmerman, Direc[or Division of Water Resources Attachments Electronic copy only distribution: Crystal Amschler, US Anny Corps of Engineers, Asheville Field Office Rodger Rochelle, NC Department of Transpo�tation Larry Thompson, Division 10 Environmental Officer Colin Mellor, NC Department of Transportation Cada Dagnino, NC Department of Transportation Marella Buncick, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission File Copy 5[afe of Nonh Carolina IHncimnmemal Qualily I Waler Resourecs 1617 Mail Service Cen�er, Raleioh, North Carolina 27699-ifi17 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 40I 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 [he NCDOT to impact an additional 66 linear feet of temporary impacts to jurisdictional streams and additional 30 feet of bank stabilization in Cabarrus County. The project shall be constructed pursuant to the modification dated received February I8, 2016. The authorized impacts are as described below: Stream Impacts in the Yadkin River Basin Permanent H711 Temporary Ftill Permanent F511 Temporary FSII Stream Impac� Total Stream Bank in Intermittent in Intermittent in Perennial in Perennial Requiring Site Stabilization Stream Stream Stream (linear Stream (linear �mpact �tigation (linear feet) ��near ft (linear ftl (linear ftl ft) ft) ( � approved 185 impacts at Site 18 New additional impacts with [his 30 approval at Site 18 35 I 35 66 I 66 AL: � 215 � 0 � 0 � 0 � 101 � 101 Total Stream Impact for Modification: 96 linear feet 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 received February 18, 2016. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated June 2, 2015 version 1; June 29, 2015 version 2 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 one acre or 150 linear 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. [n addition, you should ob[ain 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 Cer[ification shall expire on the same day as [he expiration date of the corresponding Corps of Engineers Permit. Condition(s) of Certificatian: l. This modification is applicable only to the additional proposed activities. All ofthe authorized activities and conditions of certification associa[ed with the original Water Qualiry Certification dated June 2, 2015 and subsequent modification dated June 29, 2015 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. If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain tlie petition form from the office of Adminis[rative 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 [he office of Adtninistrative Hearings during normal office hours. The Office of Administra[ive Hearings accep[s filings Monday through Friday be[ween the hours of B:OOam and S:OOpm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Oftice 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 [he Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 43I-3100 A copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Departmen[ of Environmental Quality 1601 Mail Service Center This the 22nd day of March 2015 DNISION OF ATER RESOURCES � �� S. Jay Zimmerman, Director r Wate�-Resourres ENVIRONM[W�AI OUALRY NCDWR Project No.: Comrty: Applicanh. Project Name: Date of Issuance of 401 Water Quality Certification: PAT MCC20RY v„��.��„� DONALD R. VAN DER VAART s�-�,��a„y S. JAY ZIMMERMAN � Certi6cate of Completion Upon completion of all work approved within the 401 Water Quality Cer[ification or applicable Buffer Rules, and any subsequent modifieations, Ihe applicant is required to re[urn this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Se�vice Center, Raleigh, NC, 27699-L650. This form may be returned to NCDWR by [he applicant, [he applieant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. ApplicmiYs Cerlificntion I, , hereby state that, ro 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 sapporting materials. Signature: Date: Agenl's Certifiention I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such [ha[ the cons[ruction 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: Da[e: Eugiueer's Cerirfrention Partial Final I, , as a duly registered Professional Engineer in the State of Nor[h Carolina, having been authorized [o obscrve (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 Ihat the construction was obseived to be built within substan[ial compliance and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and specifications, and other suppor[ing materials. Signature Date Registration No. S�am of No[Ih Cuolina IEnvironmenlal Qualily I �✓nler Resources 1617 Mail Service Cenler, Raleigh, North Carolina 27699-16P