20000874 Ver 5_Approval Letter_20061222

W A r?? Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 22, 2006
Art King
Division Environmental Officer, Division 8
North Carolina Department of Transportation
PO Box 1067
Aberdeen, North Carolina, 28315
Subject: Extension of the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean
Water with ADDITIONAL CONDITIONS for Proposed Construction of the Ellerbe Bypass and
Ellerbe Connector (NC 73 Connector) in Richmond and Montgomery Counties, TIP Project
Nos. R-2231 and R-3303, Individual WQC No. 3419, DWQ Project No. 20000874v.5.
Dear Mr. King:
Attached hereto is a modification of Certification No. 3419 issued to The North Carolina Department of
Transportation dated April 1, 2003. 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 April 1, 2003 and subsequent modifications still apply except where
superceded by this certification.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
r

kj -Alan W. Klimek, P.E.
Director
Attachments
cc: Richard Spencer, US Army Corps of Engineers, Wilmington Field Office
Chris Militscher, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Gary Jordan, US Fish and Wildlife Service
Ken Averitte, DWQ Asheville Regional Office
File Copy
One
rthCarolina
No
Transportation Permitting Unit AQturallIff
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: httD:I/h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Q? VVA Ft- William G. Ross Jr., Secretary
`O? QG North Carolina Department of Environment and Natural Resources
-p Alan W. Klimek, P.E. Director
r Division of Water Quality
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. The project shall be constructed pursuant to the modification dated
received December 18, 2006.
The application provides adequate assurance that the discharge of fill material into the waters of the
Catawba 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 that you submitted in your modified application dated received
December 18, 2006. All the authorized activities and conditions of certification associated with the
original Water Quality Certification dated April 1, 2003 still apply except where superceded 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 Certification shall expire on the same day as the expiration date of the corresponding Corps
of Engineers Permit.
2. All other conditions written into the original Water Quality Certification dated April 1, 2003 and
subsequent modifications for this project still apply except where superceded by this
certification.
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 Certification
shall expire upon the expiration of the 404 or CAMA permit.
- One
NorthCarolina
Transportation Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetiands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
p?OF W H r??QG
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 22nd day of December 2006
DIVISION OF WATER QUALITY

gar Alan W. Klimek, P.E.
Director
WQC No. 3419
One
N Carolina
""turally
Transportation Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: htto://h2o.enr.state.nc.us/ncwetlands
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper