20071559 Ver 2_Approval Letter_20080219

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Wa[er Quality
February 19, 2008
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis
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 NCSR 1323 (Riverview Street) from the
intersection of Iotla Street to NC Highway 28, State Project No. 8.1970801, TIP R-2408A
DWQ Project No. 20071559 V.2
Macon County
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 20071559 originally issued to The North Carolina Department of
Transportation dated October 22, 2007. After reviewing your application, we have decided that these impacts are
covered by General Water Quality Certification No. 3688.
If we can be of further assistance, do not hesitate to contact us.
Sincerely, _
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Coleen H. Sullins, Director
Division of Water Quality
Attachments
cc: David Baker, US Army Corps of Engineers, Asheville Field Office
Joel Setzer, Division 14 Engineer
Mark Davis, Division 14 Environmental Officer
Chris Militscher, Environmental Protection Agency
Transportation Permitting Unit
Mike Parker, DWQ Asheville Regional Office
File Copy
071559 V.2 (Thorpe) NCSR 1323 to NC 28 NoithCarolina
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North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] ]-877-623-6748
An Equal OpportunitylAffirmative Action Employer

~'sr.-Gregory J. Thorpe, PhD.
February 19, 2008
Page Two
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 authorizes the NCDOT to impact an additional 6 linear feet of jurisdictional streams (unnamed
tributary to the Little Tennessee River) in Macon County. The project shall be constructed pursuant to the modification
dated January 3, 2008 and received January 9, 2008. The authorized impacts are as described below:
Stream Impacts in the Little Tennessee River Basin
Site Permanent Temporary Permanent Temporary Total Stream
Fill in Fill in Fill in Dewatering Stream Impacts
Intermittent Perennial Perennial in Perennial Impact Requiring
Stream (linear Stream (linear Stream Stream (linear ft) Mitigation
ft) ft) (linear ft) (linear ft) (linear ft)
New impacts with this 6 6 0
approval at Site 3
Station 13+23-Y-1
Total 6 6 0
Total Stream Impact for Project: 6 linear feet.
The application provides adequate assurance that the discharge of fill material into the waters of the Little Tennessee
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 January 3,
2008 received January 9, 2008. All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated October 22, 2007, still apply except where superseded 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 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-
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 the authorized activities and
conditions of certification associated with the original Water Quality Certification dated October 22, 2007 and
subsequent modifications still apply except where superseded by this certification.

Dr. Gregory J. Thorpe, PhD.
February 19, 2008
Page Three
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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 19th day of February 2008
DIVISION OF WATER QUALITY

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Coleen H. Sullins
Director