20181645 Ver 2_Approval Letter_20190904

DocuSign Envelope ID: EOD9B3D3-7AB8-4125-A7C2-E1AEA9C1EF66
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Err0MF1rh#rtf4kI Quarlly
September 4, 2019
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
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean
Water Act with ADDITIONAL CONDITIONS for Proposed I-26 Widening from US 64 (Exit 49) to US
25 Business (Exit 44) [I-4400BB] and from US 25 Business (Exit 44) to NC 280 (Exit 40) [I-4400C] and
for modifications of the permitted I-4700A&B sections. Henderson County, Federal Aid Project No.
NHP-0026(015)/NHPP-026-1(200)13
NCDWR Project No. 20181645 v2
Dear Mr. Harris:
Attached hereto is a modification of Certification No. 20181645 for final impacts for I-440OBB and I-4400C as well
as modifications to I-4700A and I-4700B issued to The North Carolina Department of Transportation (NCDOT)
dated September 4, 2019. For reference, the original certification was issued on June 19, 2019.
If we can be of further assistance, do not hesitate to contact us.
Sl Docufthl d by:
L�I%diCutpopper,C"tp�t�l
Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
Roger D. Bryan, Division 13 Environmental Officer
David McHenry, Division 14 Environmental Officer
Carla Dagnino, NC Department of Transportation
Amanetta Somerville, US Environmental Protection Agency
Claire Ellwanger, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
File Copy
RENorth Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: EOD9B3D3-7AB8-4125-A7C2-E1AEA9C1EF66
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. The project shall be constructed pursuant to the modification application dated received July
29, 2019. The authorized impacts are as described below:
Total Stream Impacts in the French Broad River Basin, I-440OBB
Site
Permanent Fill in
Intermittent Stream
(linear ft)
Temporary Fill in
Intermittent Stream
(linear ft)
Streambank
Stabilization
(linear ft)
Permanent
Fill in
Perennial
Stream
(linear ft)
Temporary
Fill in
Perennial
Stream
(linear ft)
Stream
Impacts
Requiring
Mitigation
(linear ft)
1
15
31
10
0
2
10
0
3
26
4
10
68
5
6
10
6
308
20
7
87
16
9
106
10
12
10
16
7
11
10
5
15
64
7
10
16
55
8
10
17
10
16
18
38
10
19
22
10
20
13
10
21
41
4
22
168
23
54
15
10
24
48
10
10
25
10
26
20
27
27
23
10

DocuSign Envelope ID: EOD9B3D3-7AB8-4125-A7C2-E1AEA9C1EF66
28
20
10
29
15
7
31
30
14
32
40
10
33
18
10
34
10
10
35
43
10
8
36
10
10
37
22
10
38
39
10
39
12
10
40
48
41
28
10
Total
377
117
921
339
226
Total Stream Impact for I-4400BB: 1,637 linear feet
Total Wetland Im acts in the French Broad River Basin, I-4400BB Headwater Forest)
Site
Fill
(ac)
Fill
(temporary)
(ac)
Excavation
(ac)
Mechanized
Clearing
(ac)
12/WAH
<.01
<.01
<.01
13/WAP
.03
14MAM
.02
21/WAT
<.01
<.01
Total
<.01
.03
.02
Total Wetland Impact for 1-4400BB:.05 acres.

DocuSign Envelope ID: EOD9B3D3-7AB8-4125-A7C2-E1AEA9C1EF66
Total Stream Impacts in the French Broad River Basin, I-4400C
Site
Permanent Fill in
Intermittent Stream
(linear ft)
Temporary Fill in
Intermittent Stream
(linear ft)
Streambank
Stabilization
(linear ft)
Permanent
Fill in
Perennial
Stream
(linear ft)
Temporary
Fill in
Perennial
Stream
(linear ft)
Stream
Impacts
Requiring
Mitigation
(linear ft)
1
45
227
17
2
23
184
20
3
12
4
8
5
437
10
437
6
316
10
316
7
536
20
430
8
79
9
52
8
29
11
53
713
11
713
12
334
20
13
32
14
45
48
9
16
216
34
22
10
17
122
10
18
25
Total
347
33
607
2605
145
1,896
Total Stream Impact for I-4400C: 2,952 linear feet
Total Wetland Impacts in the French Broad River Basin, I-4400C
Site
Fill
Fill
Excavation
Mechanized
Type of
(ac)
(temporary)
(ac)
Clearing
Wetland
(ac)
(ac)
5=BC
.07
.06
.09
Headwater
Forest
8MBG
.09
.20
Headwater
Forest
9=BI
.02
Headwater
Forest
13MBL
<.01
Headwater
Forest

DocuSign Envelope ID: EOD9B3D3-7AB8-4125-A7C2-E1AEA9C1EF66
15/WBT
<.01
<.01
<.01
Headwater
Forest
16/WBP
.01
.15
Bottomland
Hardwood
Forest
.18
.06
.47
Total
Total Wetland Impact for I-4400C:.71 acres.
REVISED Stream Impacts in the French Broad River Basin, I-4700A and B (The stream impacts for I-4700A
and B that were not revised in this stream impact table in this 401 Certification, remain permitted as stated in
the June 19, 2019 401 Certification)
Site
Permanent Fill in
Intermittent Stream
(linear ft)
Temporary Fill in
Intermittent Stream
(linear ft)
Streambank
Stabilization
(linear ft)
Permanent
Fill in
Perennial
Stream
(linear ft)
Temporary
Fill in
Perennial
Stream
(linear ft)
7
5
9
22
20
23
380
40
24
27
10
26
7
10
29
30
30
97
70
44
15
20
45
5
Total
380
22
166
190
REVISED Stream Impact for I-4700A&B: 2,903 linear feet
The application provides adequate assurance that the discharge of fill material into the waters of the French Broad
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 modification application dated
received July 29, 2019. All other authorized activities and conditions associated with the phased permit Water
Quality Certification issued on June 19, 2019, 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

DocuSign Envelope ID: EOD9B3D3-7AB8-4125-A7C2-E1AEA9C1EF66
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 300 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 Certification shall expire on the same day as the expiration
date of the corresponding Corps of Engineers Permit.
Condition(s) of Certification:
1. This approval is only valid for the purpose and design that you submitted in your application for a
modification dated received July 29, 2019. All the authorized activities and conditions associated with the
phased permit Water Quality Certification issued on June 19, 2019, 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 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 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 through Friday between the hours of 8:00am and 5:00pm, 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 4th day of September 2019
DIVISION OF WATER RESOURCES
DocuSigned by:
11%� (�AAFMAA&
9C9886312DCD474...
Linda Culpepper, Director
WQC No. 004185

DocuSign Envelope ID: EOD9B3D3-7AB8-4125-A7C2-E1AEA9C1EF66
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Err0MF1rh#rtf4kl Qaarlly
NCDWR Project No.:
Applicant:
Project Name:
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 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:
Agent's Certification
Date:
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
Date
Registration No.
RENorth Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000