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Home My WebLink About20150362 Ver 4_Approval Letter_20170130Environmen I a I Qua(ity Janoary 30, 2017 Mc Philip S. Harris, III, P.E., CPM Natural Environment Section Head Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Cen[er Raleigh, North Carolina, 27699-1598 ROY COOPER G<rc�a�r,or MICHAEL S. REGAN A'ecrrrurr S. JAY ZIMMERMAN t��<-� i�„� Subject: Modification [o the 401 Water Quality Certification Pursuant to Section 401 ofthe Federal Clean Water Ac� with ADDITIONAL CONDITIONS for Proposed improvemen[s [o Cold Water Creek in Cabarrus County, Federal Aid Project No. FANHIMF-O85-2(61)55, TIP I-3802A. NCDWR Project No.?0150362 v.4 Dear Mc Harris: Attached hereto is a modification of NCDWR Project no. 20150362 and associa[ed General Certification No. 3886 issued to The North Carolina Departmen[ of'iransporta[ion (NCDOT) da[ed June 2, 201 S version I; June 2Q 2015 version 2; March 22, 2016 version 3. NC DOT included Site 18 in [he modification reques[, which was previously modified by NC DWR in Version 3, [herefore no changes for Site I S are included in the Version 4 modification. If we can be of further assistance, do not hesitate to wntact us. Sincerely, �� S. Jay Zimmerman, Qirector Division of Wa[er Resources Attachments Electronic copy only distribution: Crystal Amschler, US Army Corps of Engineers, Asheville Field Office Larry Thompson, Division 10 Emironmen[al Officer Colin Mellor, NC Department of Transportation Carla Dagnino, NC Department of Transportation Marella Buncick, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission Donna Hood, NC DWR Mooresville Regional Office File Copy �'Noiiiing Compares - � $[ate of North Carolina � Emironmental Quality 1617 Mall Srrvice Centrr I Raltigh. Nonh Carolina 27699-1617 Modi�cation 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 .0500. This certification authorizes the NCDOT to impact an additional 191inear feet of temporary impacts to jurisdictional streams and additiona135 feet of bank stabilization in Cabarrus County. The project shall be constructed pursuant to the modification dated received December 2, 2016. The authorized impacts are as � described below: Stream Im acts in the Yadkin-Pee Dee River Basin Site Bank Temporary Fill Permanent Temporary Additional Stream Stabilization in Intermittent Fill in Fill in Stream Impacts - Stream (linear Perennial Perennial Impact . Requiring ft) Stream Stream (linear (linear ft) Mitigation (linear ft) ft) (linear ft) Original approved 137 30 � impacts at Site 2 New impacts with this 35 approval at Site 2 Original approved 37 impacts at Site UG1 New impacts with this 19 approval at Site UC-1 35 19 54 Total Additional Impacts Total Stream lmpact for Moditication): 54 linear ieet The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin-PeeDee 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 riot 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 December 2, 2016, with payment received December 5, 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; March 22, 2016 version 3 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 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. Condition(s) ot Certification: 1. Additional mitigation is not required at this time, however; Version 3 and Version 4 have added an additional 131 feet of bank stabili7ation and 19 feet of temporary stream impacts. Future modifications may require additional mitigation. 2. This modification is applicable only to the additional proposed activities. All of the authorized activities and conditions of certification associated with the original Water Quality Certification da[ed June 2, 2015 and subsequent modification dated June 29, 2015 still apply except where superseded by this certificallon 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 you wish to contest any statement in the attached Certifica[ion you must file a peti[ion 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 sixry (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 Heazings accepts filings Monday tivough Friday between the hours of S:OOam and S:OOpm, except for official state holidays. The original and one (1) copy ofthe petition must be filed with the Office of AdministraNve Hearings. The petition may be faxed-provided the original and one copy of the document is received by the OtTice of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address far the Office 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 Departrnent of Env'vonmental Quality 1601 Mail Service Center This the 31 st day of January 2017 DIVISION OF WATER RESOURCES �� S. Jay Zi erman, D'vector Environmental Quality NCDWR Project No.: County: Applican[: Project Name: Date of Issuance of 401 Water Qualify Certification: ROY COOPER r;r» rnaor Certificate of Completion Upon completion of alI work approved within Ihe 401 Water Quality Certitica[ion or applicable Buffer Rules, and any subsequent modifica[ions, the applican[ is required to return [his certificate lo the 401 Transportation Permitting Unit. North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27599-16IZ "fhis form may be retumed to NCDWR by the applicant, the applicanrs authorized agent, or the project engineer. It is not necessarv to send certificates from all of these. Applican!'s Cerlif7callon L , 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 [he 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Sienature: Date: AgenPs Certificution I, , hereby state that, ro the best of my abilities, due care and dili�ence 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 J01 Water Qualiry Certification and Buffer Rules, the approved plans and specitications, a�d other supporting materials. Siena[ure: Da[e: Engineer's Certifica�ion Partial Final f, , as a duly registered Professional Eneineer in the Sta[e of North Carolina, having been au[horized [o observe (periodically, weekly, full [ime) 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 conswction 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 specitications, and other supporting ma[erials. Signawre Registration No. Date ' �'Nothing Compares "— ,. State of North Carolina I Envimnmental Qualiry 1617 Maii Scrvice Cen[er I Rnitieh. �onh Carolinn'_I699-IGI7