20140762 Ver 4_TIP R-2915 401 modification_20180627

Carpenter,Kristi
From: Chapman, Amy
Sent: Wednesday, June 27, 2018 12:06 PM
To: Carpenter,Kristi
Subject: FW: TIP R-2915 401 modification
Attachments: TIP R2915 Modification.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Meant to copy you on this.
From: Chapman, Amy
Sent: Wednesday, June 27, 2018 12:00 PM
To: Harris, Philip S <[e-mail]>
Cc: Wanucha, Dave <[e-mail]>; Dagnino, Carla S
<[e-mail]>; Buncick, Marella <[e-mail]>; Chambers,
Marla J <[e-mail]>; '[e-mail]'
<[e-mail]>; Slaughter, Johnathan H <[e-mail]>;
Weaver, Derrick G<[e-mail]>; Mellor, Colin <[e-mail]>
Subject: TIP R-2915 401 modification
Please see attached.

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Environmental
Quality
June 26, 2018
Mr. Philip S. Harris, III, 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
��(iVFi dFGr
MICHAEL S. REGAN
Seer•etcrro.+
LINDA CULPEPPER
Itateritn Uirect'vr
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
Jefferson located in Watauga and Ashe Counties. Federal Aid Project No. STP-0221(13); TIP No. R-
2915. WBS 34518.1.1. NCDWR Project No. 20140762v4
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, subsequently modified on August 23, 2016 and again
on Apri128, 2017.
If we can be of further assistance, do not hesitate to contact us.
Sincerely, �
� �
�`1, � �rf •�---�� �`
Linda C�l�e�per. ]nt rin� Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Steve Kichefski, US Army Corps of Engineers, Asheville Field Office
Heath Slaughter, Division 11 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
-' F`N�#F�c.n� Com��res�---�„
State ofNorth Carolina � Environmental Quality
] 617 Mail Service Center � Raleigh, North Carolina 27699-1617
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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 confarmtEy with the requirements of Section 401 Public Laws 92-500 and
95-217 of the United S#ates and subject to the North Carolina Di�ision of Water Resources (NCDWR) Regulations
in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact an additiona120.0 linear feet of
permanent impacts far stream bank stabilization purposes in Ashe County. The project shall be constructed pursuant
to the modifcation dated received June 15, 2018. The autkiorized impacts are as described below:
Stream Im acts in the New River BaSin R-2915 B-Section
Permanent Fill in
Perennial Stream Stream
(linear ft) Temporary Fill in Total Stream Impacts
Site Perennial Stream Impact Requiring
Bank (���ear ft) (linear ft) Mitigation
Stabilization Culvert (linear ft)
Original approved impacts 35 15 6 56 15
at Site 1B
New impacts with this 20 _ _ 20 -
approval at Site 1B
Totals 55 15 6 76 15
Total Stream Impact for Site: 76 linear feet
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 wil] 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 applicatian and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your modified application dated June
15, 2018. All the authorized activities and conditions associated with the original Water Quality Certification dated
September 8, 2017, subsequently modified on August 23, 2016 and again on Apri128, 2017 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 pxoje�t (now or in the future) exceed one acre or 30Q linear feet, respectively, additional
compensatory mitigativn may be required as descril�ed in 15A NCAC 2H .0506 {h) (6j and (7). Far this appro�al to
remain valid, you are required ta comply with all the conditions listed helvw. In addition, you should o�tain all
other federal, state or local permits before proceeding with yaur prnject inciuding (but not limited ta) 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. All the authorized activities and conditions associated with the original Water Quality Certification dated
September 8, 2017, subsequently modified on August 23, 2016 and again on Apri128, 2017 still apply
except where superseded 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 Federa1404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the
expiration of the 404 or CAMA permit.
If you wish to contest any statement in the attached Certification y�u must file a petitian for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. Yo❑ must file the petition
with the office of Administrative Hearings within sixty (60) days af receipt of this norice. A petition is cansidered

filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between 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 petition 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 faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
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. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This the 26th day of June 2018
DIVISION OF WATER RESOURCES
Ci � J ,
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L da Culpepper, lnte D'uectar
WQC No. 004001

Environmental
Quality
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certificatioo: _
County: _
ROY COOPER
�, �sverraor
MICHAEL S. REGAN
,Secrettart
LINDA CULPEPPER
Interr�rr Director
Certificate of Completion
Upon completion of all work approved within the 40] Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I� , hereby state that, 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 materials.
Signature: _ Date:
Agent's Certification
I� , hereby state that, 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 materials.
Signature; __ Date:
Engineer's Certification
Partial Final
I , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, 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 materials.
Signature
Registration No, __ _ Date
-'" �`Noihing Compares r �.
5tate of North Carolina � Environmental Quality
1617 Mail Service Center � Raleigh, NoRh Carolina 27699-1617