20160679 Ver 1_Approval Letter_20170131

Enviranmental
QU4�ftj�
January 31, 2017
Mr. Philip S. Harris, III, 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
ROY COOPER
Gorrrnnr
MICHAEL S. REGAN
.tiecre�arc
S. JAY ZIMMERMAN
Dirr<'ror
Subject Modification to the 401 Wa[er Quality Certification Pursuant to Section 401 of [he Federal Clean Water
Act wi[h ADDITIONAL CONDITIONS for Proposed improvements to Highway 273 in Gas[on County, Federel
Aid Project No. STP-273-(1). TIP U-3633.
NCDWR Project No. 20160679v1
Dear Mr. Harris:
Attached hereto is a modification of Certification No. WQC004075 issued to The North Carolina Department of
Transportation (NCDOT) dated October 3, 2016. This modification is being issued to include mitigation
informa[ion in the special conditions of the certifica[ion, which was omitted on the original issuance.
If we can be of further assistance, do not hesitate to contact us.
Sincerely, �{
'/ 4
C.��1/�,'�j.,'\ �0� �.
S. Ja�immerman, Director
Division of Water Resources
Attachments
Electronic copy only distribution:
S[even Kichefski, US Army Corps of Engineers, Asheville Field Oftice
Trish Beam, Division 12 Environmen[al Officer
Rodger Rochelle, NC Department of Transportation
Carla Dagnino, NC Department of Transportation
Dc Cynthia Van Der Wiele, US Emironmental Protec[ion Agency
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Beth Harmon, Division of Miti�a[ion Services
Donna Hood, NC Division of Water Resources Mooresville Regional Otiice
File Copy
- "%'Nnthing Compares "- �
Stale of North Carolina � Environmental Quality
1617 Mail Service Center I Reltlgh Nonh Carolina 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 .0500
The application provides adequate assurance that the discharge of fill material into the waters of the Catawaba 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.
All the authorized activities and conditions of certification associated with the original Water Quality Certification
dated October 3, 2016 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. 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 of the authorized activities
and conditions of certification associated with the original Water Quality Certification dated October 3,
2016 still apply except where superseded by this certification.
2. Compensatory mitigation for 1,096 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 that they will assume responsibility for satisfying the
federal Clean Water Act compensatory 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 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 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 original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Offic.e of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative 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, Geneial Co�msel
Departmem of Environmental Quality
1601 Mail Service CeMer
This the 31 st day of January 2017
DNISION OF WATER RESOURCES
�i/���`'��
S. Ja Zimm Director
Y erman>
WQC No. 004075

Enviraimental
Quafity
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Cer[ification:
County:
ROY COOPER
aoremur
Certificafe of Completion
Upon completion of all work approved within the 40I Water Quality Certification or applicable Butfer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1650 Mail Service Center. Raleigh, NC. 27699-1650. This form
may be returned ro NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applican!'s Certificaliorr
l, , 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 to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, [he approved plans and
specifications, and other supporting marerials.
Si�na[ure: Da[e:
,4geii!'s Certificarioir
I, , hereby s[ate tha[, ro Ihe 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 in[ent of the 401 Water Quality Cenification and Buffer Rules, the approved plans and
specifications, and other supportine materials.
Signature:
Engineer's Ce�lifrcalion
Partial Final
), , as a duty registered Professional Eneineer in the S[ate of North
Carolina, having been au[horized to 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
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 supporting materials.
Signature
Date
Reeistra[ion No.
"No[hing Compares — �
State of'North Camlina � Emironmentai Quahty
1617 Mail Servicz Centtr I Raleigh. Nonh Camlina 27699-1617