The URL can be used to link to this page

Home My WebLink About20150931 Ver 4_Approval Letter_20170714En viron men ru! Qua(ity July14,2017 Mc Philip S. Harris, I11, 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 oorrrnor MICHAEL S. REGAN sec�� i�� S. JAY ZIMMERMAN i�r«-<,�� Subjeet Modifica[ion [o the 401 Wa[er Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for Proposed improvements to I-77 in Mecklenburg and Iredell Counties, Federal Aid Project NHF-077-I(209)9; WBS No. 45454.1.1, TIP 65405, I-4750AA, and I- 3311C. NC D W R Project No. 2015093 I v.4 Dear Mr. Harris: Attached hereto is a modification of Certification No. WQC004036 issued to The North Carolina Departmen[ of 7'ranspoRation (NCDOT) dated November 13, 2015-version I, May 16, 2016 version 2, and November 22, 2016 version 3. This Individual Certification now includes modifications to impacts in the central and south sections, I-5405 and I- 331 I C sections of the I-77 HOT Lanes project. If we can be of funher assistance, do not hesitate to contact us. Sincerely, �� '��''� .��"J�'l!'� ��; S. Jay Z�mmerman, Director Division of Water Resources Attachments Electronic copy only distribution: Crystal Amschler, US Army Corps of Engineers, Asheville Field Office Larry Thompson, Division 10 Environmental 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 File Copy Statz o(North Camllna I Gnvironmental Quality 1617 Mail Service Cemer', Ralcigh, North Carolina276')9-1617 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 and95- 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 6 linear feet of jurisdictional streams. The project shall be constructed pursuant to the modification dated received May 19, 2017. The authorized impacts are as described below Stream Im acts in the Catawba River Basin Site Permanent Fill Temporary Fill Permanent Temporary Total Stream Stream in Intermittent in Intermittent Fill in Fill in Impact Impacts Stream (linear Stream (linear Perennial Perennial (linear ft) Requiring ft) ft) Stream Stream (linear Mitigation (linear ft) ft) (linear ft) 6-C (increase 10 feet 36 from 26 to 36 total) 7-C (decrease 16 feet, 75 from 91 to 75 total) 3C-S (additional 40 85 feet of temporary impact, from 45 to 85 total) -6 feet 40 feet Total Change Total Permanent Stream lmpact for Moditication: - 6 linear feet Total Temporary Stream Impact for Modification: 401inear feet 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 and design that you submitted in your modified application dated received May 19, 2017. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated November 13, 2015-version 1, May 16, 2016 (February 12, 2016)-version 2, and November 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 150 linear feet, respectively, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 2B .0243. 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. 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 November I3, 2015 and subsequent modifications dated May 16, 2016 version 2, and November 22, 2016 version 3. still apply except where superseded by this certification. Violations of any condition herein set forth may result in revoca[ion of [his Certification and may result in criminal and/or civil penal[ies. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and,�or Coastal Area Management Act PermiL This Certification shall expire upon the expiration of the 404 or CAMA permit. If you wish to contest any statement in [he attached Certifica[ion you must file a pe[ition 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 Administra[ive Hearings wi[hin 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 Administra[ive Hearings aceep[s filings Monday through Friday between the hours of 8:OOam and S:OOpm, excep[ for official state holidays. The original and one ( I) copy of the petition must be filed with the Oftice of Administra[ive Hearines. The petition may be faxed-provided the original and one copy of the documen[ is received by the Office of Adminis[rative Hearings within five (5) business days following [he faxed transmission. The mailing address for [he 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 [he peti[ion must also be served on DEQ as follows: Mr. Bill F. Lane, General Counsel Department of Environmen[al Quality 1601 Mail Service Center This the 14th day of July 2017 DIVISION OF WATER RESOURCES � � �' 1 �j � � �` i�� — ( t S. Jay Zimmerman, Direc[or � � WQC No. 004036 Envirn:uncnlal Q(IQiIl1' NCDWR Project No.: County: Applicant: Projec[ Name: Date of Issuance of 401 Water Quality Certification: ROY COOPER vo,�rn,m� MICHAEL S. REGAN �<<r�anrr S.1AY ZIMMERMAN OL�ec �or Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Bufler Rules, and any subsequen[ modifica[ions, the applican[ is required ro retum [his certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-I617. This form may be retumed to NCDW R by the applicant, [he applican['s authorized agent, or the project engineer. I[ is not ❑ecessary to send certificates from all of these. ApplicanPs Certifrculion I, _ , 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 the 401 Wa[er Quality Certification and Buffer Rules, the approved plans and specifications, and o[her supporting ma[erials. Signature: Date: AgenYs Certifica/ion I, , hereby state Ihat, 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 ma[erials. Signature: Date: Engineer's Certification Partial Final I, , as a duly registered Professional Engineer in [he State of North Carolina, having been authorized [o observe (periodically, weekly, full time) [he construction of [he project for [he Permittee hereby sta[e Ihat, to the best of my abilities, due care and diligence was used in the observation of [he 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 Registration No. Date State of North Carolina I Emlronmental Ouality IbU Mail Service Center I Rultigh. Nonh Carolioa 3 7699-1 6 1 7