20100752 Ver 4_Approval Letter_20161108

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Environmentat
Quo(ity
Mr. Philip S. Harris. II1, P.E., CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transporta[ion
I598 Mail Service Center
Raleigh, North Carolina, 27699-1598
PAT MCCRORY
Gouemor
DONALD R. VAN DER VAART
Sccret:vy
JAY ZIMMERMAN
uwu o��e��o�
November S, 2016
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Pederal Clean Water
Act with ADDIT[ONAL CONDITIONS for widening US 321 from SR I500 (Blackberry Road) to US
221 a[ Blowing Rock; Watauga and Caldwell Counties; Sta[e Project No. 6.739001T; NCDOT Division
I I: TIP No. R-2237C. NCDWR Project No. 20100752 v.4
Dear Mr. Harris:
Attached hereto is a modification of Certification No. 3852 issued to The North Carolina Department of
Transportation (NCDOT) originally dated March 9, 201 I and subsequendy modified on Juty l0, 2012 (v.2) and
April 1 l, 2014 (v3).
If we can be of further assistance, do not hesitate to contact us.
incerely,
I �1 �
. JayrLimmerman, Director
Division of Water Resources
Attachments
Electronic copy onty distribu[ion:
Monte Matthews, US Army Corps of Engineers, Asheville Field Office
Heath Slaughter, Division 1 I Emironmental OFfice
Rodger Rochelle, NC Department of Transportation
Colin Mellor, NC Department of Transportation
Carla Dagnino, NC Department of Transportation
Bill Barrett, NC Department of Transportation
Dr. Cynthia Van Der Wiele, US Environmental Protection Agency
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Dave Wanucha, NC Division of Water Resources Winston Salem Regional Office
File Copy
�"�"Nothfng Compares"- ..
Stare ol'North Carolina I F.nvironmemal Qualiry
I fii I Mail Service Center I Ralaigh. North Carolina 27699-I fil I
y14-707-9aDo

Modification to the 401 Water Quality Certi6cation Pursuant to Section 401 of the Federal Clean Water Act
with ADDITIONAL CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 40l Public Laws 92-500 and
95-217 ofthe United States and subject to the North Carolina Division of Water Resources (NCDWR) Regulations
in 15 NCAC 2H .0500. This certification au[horizes the NCDOT to impact an additional 100 linear Feet of
jurisdictional streams in Ca]dwell County. The project shall be constructed pursuant to the modification dated
received September 27, 2016 with exceptions as noted below. The authorized impacts are as described below:
Stream Im acts in the Yadkin Pee Dee River Basin
Permanent Fill in Temporary Fill in Stream
Perennial Stream Perennial Stream Total Stream Impacts
Site (linear ft) (linear ft) Impact Requiring
(linear ft) Mitigation
Bank Stabilization Dewatering (linear ft)
New Site XIII 20 80 ]00 -
Total 20 80 100 -
�1'otal Stream lmpact: luu Itnear teet
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
Standazds and dischazge guidelines. ThereFore, the State of North Carolina certifies that [his 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 September 27, 2016 with exceptions as noted below. All the authorized activities and conditions of
certification associated with the original Water Quality Certification dated March 9, 2011 and subsequently
modified on July 10, 2012 and April 11 2014, still apply except where superseded by this certificarion. 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 lineaz 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 aze 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, 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 Certitication:
1. This modification is applicable only to the additional proposed activities at Site XIII. All of the
authorized activities and conditions of certification associated with the original Water Quality
Certification dated Mazch 9, 201 l and subsequently modified on July ] 0, 2012 and April 11 2014 stil]
apply except where superseded by this ceRification.
2. Bailey Camp Creek is classifted as Trout waters of the state. No construction activities shafl begin un[il
the NCWRC makes a detertnina[ion regarding moratoria. Should the NCWRC determine tha[ a
moratorium is applicable then the requirements of any moratorium(s) shall be a condition of this 401
Certification. If the NCDOT does not wish to honor the moratorium, then a written modification shall be
submitted. [15A NCAC 02H .0506(b)(2) and 15A NCAC 04B.0125]
3. Stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other practicable means
appropriate to the site for the purpose of pre-treating storm water runoff prior to discharging directly into
streams. Mowing of existing vegetated buffers is strongly discouraged. [ISA NCAC 02B.0224 and .0225]
4. NCDOT shall be in compliance with NPDES Permit No. NCS000250 issued to the NCDOT, including the
applicable requ'vemenu of General Permit No. NCGO1000 for Construction Activities. Please note the
extra protections for the sensitive watersheds.

Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
� and/er civil penalties. This CeRification shall become null and void unless the above conditions are made
conditions of the Feden1404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the
expiration of the 404 or CAMA pemit.
[f you wish to contest any statement in the attached Certification you must file a petition for an administra[ive
hearing. You may obtain the petition fortn from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within si�cty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office oFAdministrative Heazings 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 original and one (I) copy ofthe petition must be filed with the Office of
Administrative Heazings.
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 Adminishative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Endvonmental Quality
1601 Mail Service Center
This the 8th day of November 2016
DIVISION OF WATER RESOURCES
�•�6`�_ )
S. Ja immerman, irector
WQC No. 3852

Enviranmentaf
Quality
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secretarc
JAY ZIMMERMAN
DW'R Director
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Cenification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to retum this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Wa[er Resources, 1617 Mail Service Cen[er, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or Che project engineer. It is not
necessary to send certificates from all of these.
App(icant's Certificaleon
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the constroction such that the construction was observed to be built within substan[ial
compliance and inten[ of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other suppoRing ma[erials.
Signature: Date:
Agent's CertiJlca(ion
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed ro be built within sobstantial
compliance and intent ofthe 401 Water Quality Cenification and Bufter Rules, the approved plans and
specifications, and other supportin� ma[erials.
Signature: Date:
Engineer's Certifiealion
Partial Final
l, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the projeet for the
Permittee hereby state that, to the best of my abilities, due care and dili�ence was used in the observaCion of the
construction such that the wnstruction was observed to be built within substantial compliance and intent of the 401
Water Qualiry Certification and Buffer Rules, the approved plans and specifications, and other supportine materials.
Signature
Registration No. Date
� Noihing Compares - -
Stare of North Carolina I Environmcntal Qualih
1611 Mail Servlce Center I Raleigh, North Camlina 27 699-1 6 1 I
919-707-900G