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Home My WebLink About20150931 Ver 5_Approval Letter_20180912NOR�f H CARO�INA ROY COOPER EnvlmnmenfalQreallry Gnvrrnw MICHAEL S. REGAN Srcrtlarr LINDA CULPEPPER September 12, 2018 lnfenm 1Nrerra Mr. Philip S. Harris, III, P.E., CPM Natural Environment Sec[ion Head Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 Subject: Modification to the 401 Water Quality Certification Pursuan[ to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for Proposed improvements to I-77 in Mecklenburg and Iredell Counties, �ederal Aid Project NHF-077-I (209)9; WBS No. 454�4.1.1. TIP I-5405, 1-4750AA, and 1- 3311C. NCDWR Project No. 20150931v.5 Dear Mr. Harris: Attached hereto is a modifica[ion of Certification No. WQC004036 issued [o The North Carolina Department of Transportation (NCDOT) da[ed November 13, 201 �-version l, May 16. 2016 version 2, and November 22, 3016 version 3, June 27, 2017 version 4, and March i, 2018 to address [he expiring general certifica[ion. The impac[s are modified as listed below and miti�ation is up to date with the issuance of version 5. If we can be of further assistance, do not hesitate to con[ac[ us. Sincerely, / "/G.J'./—�� Linda Culpepper, Intenm Director Division of Water Resources Attachments Electronic copy only distribufion: Nicholle Braspennickx, US Army Corps of Engineers, Asheville Field Office Larty Thompson, Division IO Environmental Officer Carla Dagnino, NC Department of Transportation Marella Bimcick, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission Beth Harmon, Division of Mitigation Services Donna Hood, NC Division of Water Resources Mooresville Regional Office File Copy ;�.. � Q�; � North Caiolina Department of Envimnmental Qualiry I Division of Water Resources 512 North Salisbury Street I 1617 Mail Service Center I Raleigh. North Carolina 27699-1617 919.707.9000 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 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 impact an additional 14 linear feet of jurisdictional streams Mecklenburg County. The project shall be constructed pursuant to the modification dated received August 13, 2018. The authorized impacts are as described below: Stream Im acts in the Catawba River Basin Site Permanent Fill Temporary Fill Bank Temporary Total Stream Stream in Intermittent in Intermittent stabilization Fill in Impact Impacts Stream (linear Stream (linear (linear ft) Perennial (linear ft) Requiring ft) ft) Stream (linear Mitigation - ft) (linear ft) 5-C (increase 14 feet 49 - from 35 to 49 total) 5-C (decrease from 65 51 feet feet to 51 feet) Total Total Permanent Stream Impact for Modification: 141inear feet Total Temporary Stream Impact for Bank Stabilization Modification: -14 linear 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 August 13, 2018. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated November 13, 2015-version 1, May 16, 2016 version 2, and November 22, 2016 version 3, June 27, 2017 version 4, and March 5, 2018 to address the expiring general certification 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). 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 Certifcation shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit. - Condition(s) of Certification: 1. 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 13, 2015 and subsequent modifications dated May 16, 2016 version 2, November 22, 2016 version 3, June 27, 2017 version 4, and March 5, 2018 to address the expiring general certification 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 Federal 404 andJor Coastal Area Management Act Pennit. This Certification shall expire upon [he expiration of the 404 or CAMA permit. If you wish ro contest any statement in [he attached Certification you must file a petition for an adminisVative hearing. You may obtain the petition form from the office of Administrative hearin�s. You must file [he petition with the oftice of AdminisVative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in die oflice of Administrative Hearings during oormal office hours. The Office of Administrative Hearings accepts tilings Monday through Friday between [he 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 Office of Administrative Hearings. The petition may be faxed-provided the original and onz copy of the dowment is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailino address for the Oftice of Administrative Hearings is: Office of Adminis[rative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (9I9) 431-3100 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 12Yh day of September 2018 DNlS10N OF WATER RESOURCES / �� ' ��— Linda Culpepper, Interim Director WQC No. 004036 ROY COOPER LOYI'I}IM MICHAELS.REGAN Srcierarv LINDA CULPEPPER lrt�ertm D+re�vrx rto�zrH c�.ao�irva frtNronmenrof Quallry NCDWR Project No.: Applicank Project Name: County Date of Issuance of 401 Wa[er Quality Certification: Certificate of Completion LJpon completion of all work approved within the 401 Wa[er Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return Ihis cenificate to [he 401 Transponation PermiY[ine Unit, North Carolina Division of Water Resources. 1617 Mail Service Center, Ralei;h, NC, 27699-1617. This form may be returned to NCDWR by [he applicanf, the applicant's authorized aeent, or [he projec[ engineer. II is not necessarv to send certifica[es from alI of these. ,4pplicanl's Certificutroii I. , hereby state [haL [o the best of my abilities, due care and dilieence 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, [he approved plans and specifications, and other supporting materials. Signature: Da[e: Agent's Certificutinn 1, . 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 ro be built within suhstantial compliance and intent ofthe 401 Water Qualiq- Certification and Buffer Rules, the approved plans and specifications, and other supportine materials. Si;nature: Date: EugineePs Cerlificnliore Partial Final 1, , as a duly registered Professional En�ineer in the State of North Carolina, having been au[horized to observe (periodically, weekly. full [ime) the conseruction of fhe project For [he Permittee hereby state that, to the best of my abilities, due care and dili�;ence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the �101 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other suppurtin_ materials. Signa[ure Date Reeistra[ion No. �...��,._� ��r North Carolina Department of Environmental Qualrty � Division of Water Resources 512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 2 7 699-161 7 919.707.9000