20140762 Ver 3_US 221 (R-2915B)_20170428

Environmental
Quality
April 28, 2017
Mc Philip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transpor[ation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
ROY COOPER
G�» rrna�
MICHAELS.REGAN
Secremrr
S. JAY ZIMMERMAN
v„����.
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act with ADDITIONAL CONDITIONS for US 221 Widening from US 421 to US 221 Business/NC88 in
lefferson located in Watauga and Ashe Counties. Federal Aid Project No. STP-0221(13); TIP No. R-
2915. WBS 34518.1.1. NCDWR Project No. 20140762v.3
Dear Mr. Harris:
Attached hereto is a modification of Certification No. 004001 issued to The North Carolina Department of
Transportation (NCDOT) originally dated September 8, 2014 and subsequendy modified on August 23, 2016.
If we can be of further assistance, do not hesitare ro contact us.
//'c(\mcerely,
V • � � � 6J
S. J�Zimmerman, D� ector
Division of Water Resources
Attachments
Electronic copy only distribution:
Steve Kichefski, US Army Corps of Engineers, Asheville Field Office
Heath Slaughter, Division I I Environmental O�cer
Colin Mellor, NC Department of Transportation
Carla Dagnino, NC Department of Transportation
Dr. Cy��[hia Van Der Wiele, US Envirorunen[al Protec[ion Agency
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
Dave Wanucha, NC Division of Water Resources Winston Salem Regional Office
File Copy
'"Nothing Compares '- �
State of North Carolina � Environmental Quality
1617 Mail Service Center I Raleigh. North Carolina 27699-1617

Modi�cation to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
with ADDTTIONAL CONDITIONS
THIS CEIdTIFICATION 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 temporarily impact an additiona10�.15 acres of
jurisdictional wetlands, 71 linear feet (40 linear feet less than originally approved) of jurisdictional streams in Ashe
County. The project shall be constructed pursuant to the modification dated received Apri17, 2017. The authorized
impacts are as described below:
Stream Im acts in the New River Basin
Permanent Fill Temporary Fill permanent Temporary Stream
in Intermittent in Intermittent ��ll in Fil[ in Total Stream Impacts
Site Perennial Perennial Impact ltequiring
Stream Stream Stream Stream (linear ft) Mitigation
(linear ft) (linear ft) (linear ft) (linear ft) (linear ft)
Original approved _ _ 111 - 111
impacts at Site 3
New impacts with this _ _ � (40) - (40) (40)
approval at Site 3
Totals - - 71 71 (40)
Total Stream lmpact for (Site/Moditication): 71 linear feet (4U linear feet less)
Wetland Im acts in the New River Basin riverine
Fill Mechanized Hand Total
Fill Excavation Wetland
Site �a�� (temporary) �a�� Clearing Clearing Impact
(ac) (ac) (ac)
(ac)
Original approved impacts at <0.01 - - <0.01 - <0.02
Site 3
New additional impacts with _ 0.15 - - - 0.15
this approval at Site 3 '
Totals <0.01 0.15 - <0.01 � - 0.17
Total Wetland lmpact for �ite: U.17 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the New 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 and design that you submitted in your modified application dated
received Apri17, 2017. All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated September 8, 2017 and subsequently modified on August 23, 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 properiy 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 ar 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) of Certification:
I. Following completion of the project, the temporary sediment basin installed in the wetland at Site 4 will
be removed along with any captured sediment. Original wetland dimensions and natural grade or better
will be reestablished. The wetland will be seeded with a native wetland seed mix and co'v fiber matted.
[15A NCAC 02H.0506(bx3) and (c)(3)]
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. T'his Certification shall become null and void unless the above conditions aze made
conditions of the Federa1404 and/or Coastal Area Management Act Permit. This Certification shall exp've upon the
expiration of the 404 or CAMA pertnit.
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 tivough Friday behveen 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 peNtion 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 fa�ced transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Heazings
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 Environmental Quality
1601 Mail Service Center
This the 28th day of April 2017
/1 DIVIS� OF WATER RESOURCES
\ \� 1 (/ � M ,N'\ � �
„� I� " �', .
� \I
S. Jay Zimmerm�n, Director
WQC No. 004001

Environmentu(
Quality
NCDWR Project No.: County:
Applicant
Project IVame:
Da[e of Issuance of 401 Water Quality Certification:
ROY COOPER
c;n,�r„ior
Certificate of Completion
Upon comple[ion of all work approved within the 401 Warer Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required ro retum [his certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Cen[er, Raleieh, NC. 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineec It is not
necessarv [o send certiticates from all of these.
ApplicunPs Certificalion
1, , hereby s[a[e [hat, [o the bes[ 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 su6stantial
compliance and inrent of the 401 Water Quality Certification and But%r Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
AgenY.s Certificulion
I, , hereby state that, [o [he best of my abilities, due care and diligence
was used in [he observa[ion of [he construc[ion such that tlie construction was observed [o be built within substantial
compliance and in[ent of the 401 Water Quality Cer[ification and Buffer Rules, the approved plans and
specifications, and other supporting marerials.
Signature: Date:
Engineer's Certifiealion
Partial Final
t, , as a duly registered Professional Engineer in the Sta[e of North
Carolina, having been authorized to observe (periodically, weekly, fidl time) the construction of the project for the
Permittee hereby state [hat, [o the best of my abili[ies, due care and diligence was used in Ihz observation of the
construction such that the construction was observed to be built within substantial compliance and intent ofthe 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signamre
Registration No. Date
"'Nothing Compares -- �
Sfate of North Carolina � Environmental Qualiry
1617 Mail Service Centzr I Ralei�h, Nonh Czrnlina 27fi99-1617