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Home My WebLink About20140762 Ver 2_Approval Letter_20160823Water Resources ENVIRONN.ENiAL �OALITT Mr. Philip S. Harris, III, P.E., CPM Na[ural Environment Section Head Project Development and Environmental Analysis North Carolina Depar[men[ of Transporlation 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 PAT MCCRORY c��,�,,,,. DONALD R. VAN DER VAART August 23, 20I6 s�-��•�o,, S. JAY ZIMMERMAN Dil'L'JInY Subject: 401 Water Quality Certitication Pursuant to Section 401 oP the Federal Clean Water Aet with ADDITIONAL CONDITIONS Por US 221 Widening Prom US 421 fo US 221 Business/NC 88 in Jefferson located in Watauga and Ashe Counties. Federal Aid Project No. STP-0221(13), TIP No. R-2915. WBS 34518.L1. NCDWR Project No. 20140762. Dear Mr. Harris: Attached hereto is a modification of Certification No. 004001 originally issued to The North Carolina Department of Transporta[ion (NCDO'f) dated Seplember 8, 2014. Revised DWR P�roject No. is 20140764_v2. This modification is to add impacts related to the C Section of R-2915. If we can be of further assislance, do not hesitate to contact us. incerely, � / � � � ��' S. Jay 7immerman, Director ` Division of Water Resow'ces Attachmeiits Electronic copy only disU'ibution: Steve Kichefsky, US Army Ca'ps of Engineers, Asheville Field Office Heath Sl2ughter, Division I I Environmental Officer Rodger Rochelle, NC Depar[ment of Transportation Colin Mellor, NC Department of'I'ransportation Carla Dagnino, NC Department of Transpor[a[ion Dr. Cynthia Van Der Wiele, US �;nvironmen[al Protection Agency Marclla Buncick, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission Beth Hannon, Division of Mitigation Services Dave Wanucha, NC Division of Water Resources Winston Salem Regional Oftice File Copy Slale o(North Carollna I��mninanlal Qualily I Water Resoivices 1617 Mail Service Center, Ralei9h, Notlh Camlina 27699-1617 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. This certification authorizes the NCDOT to impact an additional 0.27 acres ofjurisdictional wedands and 2,339 linear feet ofjurisdictional streams in Ashe County. The project shall be constructed pursuant to the modification dated received July 28, 2016. The authorized impacts are as described below in Tables 1 and 2. Table 1. Stream Im acts in the New River Basin for Section R-2915C. Stream Impacts Permanent Fill in Stream Requiring Temporary Fill Total Stream (linear ft.) Mitigation Site in Stream Impact linear ft. Bank (��near ft.) (linear ft.) Culvert/Pipe Stabilization USACE NCDWR 2A 71 - 34 105 71 - 2B - 19 49 68 - - 3 - - 10 10 - - 4 210 16 35 26l 210 210+16 5 236 20 21 277 236 236+20 6 53 10 17 80 53 - 7 37 - 6 43 37 - 8 134 10 29 173 134 - 9 31 - 28 59 31 - 10 14 - 21 35 14 - 11 45 12 23 80 45 - 12 78 - 20 98 78 - 13A 270 - 23 293 270 270 13B' 48 - - 48 48 - 14 - 4 10 14 - - 14B - 13 - 13 - - 16 256 - 84 340 256 256 17 - - 30 30 - - 19A 58 - - 58 58 - 19B - 18 - 18 - 18 21 170/113* - - 283 283 170 22 - 21 - 21 - 21 23 163* - 45 208 163 - 24 - 16 - 16 - 16 25A 262 - ]0 272 262 262 25B 60 - 10 70 60 - 26 - 13 12 25 - - 27 - 17 - 17 - 17 28 - 17 - 17 - 17 31 - 20 - 20 - 20 32 30 8 12 50 30 - Totals 2,339 234 529 3,102 2,339 1,549 �� 13R is a channel reloca[ion. *Indicates stream is intermittent. Table 2. Mechanized Hand Total Permanent Temporary Excava[ion Wetland Site Fill (ac) Fill (ac) (ac) Clearing Clearing �mpact (ac) (ac) (ac) 1' 0.14 z.a� o.oi 20' 0.04 26' 0.01 29 <0.01 30 - *Totals are rounded. Wetland Impacts Requiring USACE I NCDWR � �� 0 � . � ��a�� iU�e � �, � �. 31x1I�t{IIIII The application provides adequate assurance that the discharge of fill material into the waters of the New 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 July 28, 2016. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated September 8, 2014 still apply including those listed below in this modification. 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 [his 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 I50 linear feet, respectivety, additional compensatory mitigation may be required as described in I SA 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 bcal 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 Permi[. Condition(s) of Certification: 1. This modification is applicable only to the additional proposed activities. All of the authorized activities and condi[ions of certification associated with the original Water Qualiry Certification dated September 8, 2014 for Sections A, B and D still apply including those listed below in this modification. 2. Sediment and erosion control measures shall not be placed in wetlands or waters without prior notification to Division of Water Resources. [ISA NCAC 02H.0506(b)(3) and (c)(3)] 3. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [I SA NCAC 02B.0506(b)(2)] 4. A copy of the original Water Qualiry Certification and this subsequent modification shall be maintained on the construction site at all times and shall be maintained with the Division Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 5. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-construction meeting with all appropriate staff to ensure that the project supervisor and essential staff understand [he potential issues with stream and pipe alignment at permitted sites. NCDWR staff shall be invited to the pre-construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3)] 6. If NCDOT is unable to be meet culvert burial requirements (one foot or 20 percen[ of culvert diameter for culverts with a diameter greater than 48 inches) due to bedrock or other limiting features encountered during construction (i.e. consvuctability issues), please contact the NCDWR for guidance on how ro proceed and to determine whe[her or not a permit modification will be required. [ISA NCAC 02H.0506(b)(2)]. Compensatory mitigation for 1,549 linear feet of impact to streams is required. We understand that you have chosen to perform compensatory mitigation for impacts to streams through the North Carolina Division of Mitigation Service (DMS) (formerly NCEEP), and that the DMS has agreed to implement the mitigation for the project. The DMS has indicated in a letter dated July 27, 2016 that they will assume responsibility for satisfying the federal Clean Water Act compensarory mitigation requirements for the above-referenced project, in accordance with the DMS Mitigation Banking Instrument signed July 28, 2010. 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 CeRification shall expire upon the expiration of the 404 or CAMA permit. [f 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:OOam and S:OOpm, except for official state holidays. The origina] and one (1) copy of the petition must be filed with the Office of Adminishative 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 O�ce of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center This the 23rd day of August 2016 DIVISION O WATER RESOURCES � � �� S. Jay Zimmerman, irector WQC No. 0044001 Water Resources ENVIRONM[NIALOUALRY NCDWR Project No.: County: ApplicanL• _ Project Name: _ Date of Issaance of 401 Watcr Quality Certitication: PAT MCCRORY c�„��,�,��,� DONALD R. VAN DER VAART ��<�r��,�� S. JAY ZIMMERMAN UII'eUuf Certificate of Completia� Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent moditications, the applicant is required to retw'n this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 16 U Mail Service Center, Raleigh, NC, 27699-1617. This fonn may be retw�ned to NCDWR by the applicant, the applicant's authorized agent, a• the project engineer. It is not necessary to send certificates from all of these. ApplicmiYs Certificnlra» �, � hereby st2te that, to the best of my abilities, due care and diligence was used in the observation of the construction such that 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 specifica[ions, and other supporting materials. Signature: _ _ Date: Agent's Cerliftealian �, _, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the constructio�� such that the construction was observed to be built within substanti2l compliance and intent of the 401 Water Quality Certific2tion and Buffer Ruies, the approved plans and specifications, and other supporting maLerials. Signaturc: Date: Errgiireer's CertlJleulia�i Partial Final ), , as a duly registered Ptrofessional Bngineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construclion of the projecl for the Permiltce hereby state that, to the best of nry abilities, due c2re and diligence �vas used in the observation oCthe conslruction such that the consU'uction was obsm'ved to be built within substantial compliance and intent oCthe 401 Water Quality Certification and Buffer Rides, the approved plans and s�ecifications, and oiher supportin� materials. Signature Regish'ation No. Date S�n�eof Nonh Cnmlina ;Lncironmenlal Qualip' I �✓T�e� Resoua;es 1617 Mail Service Cenler, Raleigh, Notlh Carolina 27699-06ll