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HomeMy WebLinkAbout20081797 Ver 2_Approval Letter_20100305PF AM North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director March 5, 2010 Dr. Greg Thorpe, PhD., Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina, 27699-1548 Subject: Modification to the 401 Water Quality. Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for Proposed extension of SR 4126 (Briciford Parkway, new route) at Homaday Rd. to Burt Pollar Rd. at Swing Rd. in Guilford County, Federal Aid Project No. STP4126(1), State Project 8.2496901, TIP U-4006. NCDWQ Project No. 20081797 v.2. Dear Dr. Thorpe: Attached hereto is a modification of Certification No.003782, v.2 issued to The North Carolina Department of Transportation (NCDOT) dated March 4, 2009. If we can be of further assistance, do not hesitate to contact us. Sincerely, 'Coleen H. Sullins Director Attachments cc: Andy Williams, US Army Corps of Engineers, Raleigh Field Office Chris Kirkman, PE, Division 7 Resident Engineer Jerry Parker, Division 7 Environmental Officer Chris Militscher, Environmental Protection Agency (electronic copy only) Travis Wilson, NC Wildlife Resources Commission Amy Euliss, NCDWQ Winston Salem Regional Office File Copy Transportation Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Phone: 919-733-1786 \ FAX: 919-733-6893 Internet: http://h2o.encstate.nc.us/ncwetlandsl Dee Freeman Secretary NorthCarolina Naturally, An Equal Opportunity \ ARrmatve Action Employer 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 Quality (NCDWQ) Regulations in 15 NCAC 2H .0500. This certification authorized the NCDOT to impact, an additional 50 linear feet of jurisdictional streams in Guilford County. The project shall be constructed pursuant to the modification dated received February 22, 2010. The authorized impacts are as described below: Stream Impacts in the Cape Fear River Basin Site Permanent Fill in Temporary Fill Total Stream Stream Perennial Stream in Perennial Impact Impacts (linear ft) Stream (linear (linear ft) Requiring ft) Mitigation linear ft Original approved impacts 413 30 443 413 at Site 1 New additional impacts 50 0 50 50 with this approval at Site 1 463 30 493 463* Total Total Stream Impact for Project: 493 linear feet *See Condition 2. The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear 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 February 19, 2010. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated March 4, 2009 still apply except where superceded by this certification. Should your project change, you are required to notify NCDWQ 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 .0268. 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. All other conditions written into previous Water Quality Certification 003782 (dated March 4, 2009) still apply. 2. Compensatory mitigation for the additional 50 linear feet of impact to streams is required. The 548 linear feet of compensatory stream mitigation credits previously provided by NCEEP will account for these impacts. We understand that you have chosen to perform compensatory mitigation for impacts to streams through the North Carolina Ecosystem Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the project. EEP has indicated in a letter dated November 24, 2008 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced project, in accordance with the Tri-Party MOA signed on July 22, 2003 and the Dual-Party MOA signed on April 12, 2004. 3. Modifications to this permit will be subject to Jordan Lake Buffer Rules as described in 15A NCAC 02B .0268 and DWQ's Intermittent Stream Policy effective October 16, 2009. 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 ,i 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. This the 5th day of March 2010 DIVISION OF WATER QUALITY i Coleen H. Sullins Director WQC No. 003782, v.2