20071134 Ver 3_Approval Letter_20090220

MCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
February 20, 2009
Dr. Greg Thorpe, PhD.; Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dee Freeman
Secretary
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
for Proposed Improvements to US Highway 19/US 19F from future I-26 (existing US 19-23) to NCSR 1186 in
Yancey County, State Project No. 6.869005T and 6.909001T, TIP No. R-2518A, R-2518B and R-2519A.
DWQ Project No. 2007-1134V.3, Individual Certification No. 3706.
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3706 issued to the North Carolina Department of Transportation
dated February 20, 2009. 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 October 11, 2007
and subsequent modifications (dated March 17, 2008) still apply, except where superseded by this Certification.
If we can be of further assistance, do not hesitate to contact. its.
Sincerely,
Attachments
(`? Coleen Sullins,
y Director
cc: David Baker, USACE, Asheville Field Office
J. J. Swain, Division Engineer, NCDOT Division 13
Kathy Matthews, Environmental Protection Agency
Marla Chambers, NCWRC
Marella Buncick,USFWS
1 -Transportation Permitting Unit
Mike Parker, Asheville Regional Office
SURFACE WATER PROTECTION SECTION-Asheville Regional Office (ARO)
2090 U.S. 70 Highway, Swan nonce, NC 28778-8211
Phone: [phone] FAX : [phone]
Customer Service: 1-877-623-6748
Internet: www.nc valemualitv.om
An Equal Opportunity \ Affirmative Action Employer
One'
NorChC1*01ina
naturally:
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 in 385 linear feet of streams in
the French Broad River Basin in Madison County. The project sliall be constructed pursuant to the modification request
dated January 21, 2009. The authorized impacts are as described below:
Table 1-Stream Impacts in the French Broad River Basin for R-2518A, R-2518B and R-2519A
Site Permanent Temporary Permanent Temporary Fill Total Stream
Fill in Fill in Fill in in Perennial Stream Impacts
Intermittent Intermittent Perennial Stream (If) Impact Requiring
Stream (II) Stream (if) Stream (It) (It) Mitigation
(1
Approved Impacts at 0 0 325. 62 387 325
Site 21*
Change in Impacts 0 0 385 0 385 385
with this Approval at
Site 21*
Total 0 0 710 62 727 710
Total Additional Stream Impact for Project: 385 linear feet.
*Site 21 -Two separate unnamed tributaries to Ivy Gap Branch will be filled. They join at the confluence of the
existing culvert under U5 Highway 19. The first stream (designated as IGB3) will impact 170 linear feet. The
second stream (designated as IGB4) will impact 215 linear feet.
The application provides adequate assurance that the discharge of fill material into the waters of the Hiwassee 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.
]'his approval is only valid for the purpose and design that you submitted in your modified application dated January 21,
2009 and received February 6, 2009. All authorized activities and conditions of certification associated with the original
,T Water Quality Certification dated October 11, 2007 and modification dated March 17, 2008, still apply except where
superceded by this certification. Should your project change, you are required to notify the Division of Water Quality 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
mitigalion 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
US Army Corps of Engineers Permit.
Condition(s) of Certification:
1. All other conditions written into previous Water Quality Certifications dated October 11, 2007 and March 17, 2008,
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. Compensatory mitigation for impacts to 285 linear feet of streams at a replacement ratio of 1:1 is required.
Compensatory mitigation for impacts to jurisdictional streams shall be provided by onsite stream relocations of 285
linear feet of stream. The onsite stream relocation shall be constructed in accordance with the design submitted in
your June 26, 2007 application. Please be reminded that as-builts for the completed streams shall be submitted to the
North Carolina Division of Water Quality 401 Wetlands Unit with the as-builts for the rest of the project. If the
parameters of this condition are not met, then the permittee shall supply additional stteam mitigation for the 285 linear
feet of impacts.
4. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
5. 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(4) 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.
6. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
t
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.
i
This the 201h day of February 2009
DIVISION OF WATER QUALITY
Coleen Sullins
Director
WQC No. 3706
cc: David Baker, USACE, Asheville Field Office
J. B. Selzer, P.E., Division 14 Engineer
Kathy Matthews, USEPA
Marla Chambers, NCWRC
Marella Buncick, U SF W S
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
071134V.3 (lhorpe) US Highway 19 Mod.