20081797 Ver 2_Approval Letter_20100305

PF
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: [phone] \ FAX: [phone]
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