20041739 Ver 2_Modifications_20080723

~OF W A rj 9q Michael F. Easley, Governor
\Q ~i William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
~ -I
Coleen H. Sullins, Director
Division of Water Quality
CIO
July 23, 2008
Mr. Mike Pettyjohn, P.E.
Division 11 Engineer
N C Department of Transportation
Post Office Box 250
North Wilkesboro, North Carolina 28659

Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401of the Federal Clean -
Water Act for Proposed Improvements to NCSR 1312 (Joe Parlier Road)
Water Quality Certification No. 041739 V.2
Avery County

Dear Mr. Pettyjohn:

Attached hereto is a modification of Water Quality Certification No. 20041739 issued to the North Carolina Department
of Transportation dated August 27, 2007. 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
August 27, 2007 still apply except where superseded by this Certification.

If we can be of further assistance, do not hesitate to contact us.
Sincerely,

Coleen H. Sullins
L' Director

Attachments

cc: Heath Slaughter, Division 11, DEO
Neil Trivette, Roadside Environmental
Monte Matthews, USACE, Asheville Raleigh Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office

041739V.2 (Pettyjohn) NCSR 1312 (Joe Parlier Road) NorthCarolina
JVatumll
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer

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 92-217
of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H,
Section.0500. This certification authorizes the NCDOT to place additional fill material (30 linear feet of pipe) in an
unnamed tributary to Trivett Branch in the Watauga River Basin in Avery County. The project shall be constructed
pursuant to the modification request dated June 10, 2008. The authorized impacts are as described below:

Stream Impacts in the Watauga River Basin
Site Permanent Temporary Fill in Permanent Fill in Temporary Fill in Total Stream Stream
Fill in Perennial Stream Perennial Stream Perennial Stream Impact Impacts
Intermittent (linear ft) (linear ft) (linear ft) (linear ft) Requiring
Stream Mitigation
linear ft) linear ft
Original 0 0 30 0 30* 0
approved
impacts at
Sta. 50+90
Change in 0 0 30 0 30 0
impacts with
this approval
Sta. 50+90
Total 0 0 60 0 60 0
Total Stream Permanent Impact for Project: 60 linear feet.
*Station 50+90-The 30 linear feet of impacts previously approved includes 10 linear feet of riprap.

The application provides adequate assurance that the discharge of fill material into the waters of the Watauga River
Basin in conjunction with the proposed construction will not result in a violation of applicable Water Quality Standards
and discharge guidelines. There, the State of North Carolina certifies that this activity will not violate the applicable
portions of Section 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 application dated June 10, 2008 and
received July 10, 2008. All authorized activities and conditions of certification associated with the original Water
Quality Certification dated August 27, 2007, 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 must adhere to the conditions listed below. In addition, you
should acquire any other federal, state or local permits before you proceed with your project including (but not limited
to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This Certification will
expire on the same day as the expiration date of the corresponding Corps of Engineers Permit.

Condition(s) of Certification:

1. All other conditions written into previous Water Quality Certifications dated August 27, 2007, for this project still
apply.

2. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, this
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
3. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for
approval.
4. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other
appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being met
(including failure to sustain a designated achieved use) or that State of Federal law if being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification.
5. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.

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.
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 23rd day of July 2008

DIVISION OF WATER QUALITY

1 Coleen Sullins
Director