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Home My WebLink About19980260 Ver 6_Approval Letter_20201130 DocuSign Envelope ID:CE3DD207-B9D1-4592-B3C7-5A2330DB1712 : ROY COOPER 5 n--. 6 6. Governor �„ MICHAEL S.REGAN , „" ,,anN ,= Secretary ,, v"°_—_ S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality November 30,2020 Ms.Amy Euliss,Environmental Officer NCDOT Division 9 375 Silas Creek Parkway Winston Salem,NC 27127 Subject: Modification to 401 Water Quality Certification(WQC004131)pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for the Winston Salem Northern Beltway from US 52 to US 311 (New Walkertown Road)in Forsyth County. Federal Aid Project No.NHP-0074(213),TIP Nos.U-2579 D,E&F. This will be NCDWR Project No. 19980260(version 6). U-2579 D,E and F is a Section of the overall Winston Salem Northern Beltway that includes the following projects: Northern Beltway from I-40 to US 52(TIP Nos.R-2247B Phase 2,CA, CB,CD,D,EA,EB,and EC),from US 52 to US 311 north(U-2579C Phase 2,D,E,and F)and from I-40 Business to US 311 south(U-2579AA and AB). Dear Ms.Euliss: Attached hereto is a copy of modified Certification No.WQC004131 for TIP U-2579 D,E&F(v6)issued to The North Carolina Department of Transportation(NCDOT)dated November 30,2020. For reference, WQC004131 was initially issued on November 14, 2017, revised on November 27, 2017,December 21, 2017 and again on February 7, 2019. Revised version 4(modification for TIP R-2247EB)was issued on August 13, 2019. Modification 5(for U-2579 D,E&F)was dated November 14, 2019. If we can be of further assistance,do not hesitate to contact us. iii ��``'' �gb d by: O�-Kki, CA,NetettketA, .13EiefSfiiifh,Director Division of Water Resources Electronic copy only distribution: Eric Alsmeyer,US Army Corps of Engineers,Raleigh Field Office Bill Barrett,NC Department of Transportation Amanetta Somerville,US Environmental Protection Agency Janet Mizzi,US Fish and Wildlife Service Marla Chambers,NC Wildlife Resources Commission File Copy D E Qi-1,5 North Carolina Department of Environmental Quality I Division of Water Resources v�J/// 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617 NI ry rN cmn.iti 919.707.9000 DocuSign Envelope ID:CE3DD207-B9D1-4592-B3C7-5A2330DB1712 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 31 linear feet of permanent impacts and 20 linear feet of temporary impacts to jurisdictional streams in Forsyth County. The project shall be constructed pursuant to the modification application dated November 4,2020. The authorized impacts are as described below: Table 1. Modifications to Stream Impacts in the Yadkin Pee Dee River Basin,R-2579 D,E,and F. Permanent Impacts Temporary Impacts (linear ft) (linear ft) Additional Stream Impacts New Stream Site Designation Requiring Mitigation Fill Bank Dewater (linear ft) Stabilization 18A Intermittent 24 7 20 - Total Impacts for this Modification: 51 linear feet The modification application provides adequate assurance that the discharge of fill material into the waters of the Yadkin Pee Dee 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 application for a modification dated November 4,2020. All the authorized activities and conditions associated with the phased permit Water Quality Certification issued on November 14,2017(revised on November 27,2017,on December 21,2017,on February 7,2019,on August 13,2019 and again on November 14,2019)still apply except where superseded by this Certification. Should your project change,you are required to notify 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 perennial 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 November 4,2020. All the authorized activities and conditions associated with the phased permit Water Quality Certification issued on November 14,2017(revised on November 27,2017,December 21, 2017,February 7,2019,on August 13,2019 and November 14,2019)still apply except where superseded by this certification. 2. Revised drawings for Site 26 were also included as part of this modification application and approved herewith. No new impacts resulted from the revisions. DocuSign Envelope ID:CE3DD207-B9D1-4592-B3C7-5A2330DB1712 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 that 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: (919)431-3000,Facsimile: (919)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 30th day of November 2020 DIVISION OF WATER RESOURCES E/nl.!-.Do"rn� Sign/efd by: 9C9886312DCD474... S.Daniel Smith,Director WQC No. 004131 DocuSign Envelope ID:CE3DD207-B9D1-4592-B3C7-5A2330DB1712 ROY COOPER n- 6 6. Governor �„ MICHAEL S.REGAN "v.„12. , ,= Secretary S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality NCDWR Project No.: County: Applicant: Project Name: 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: 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 - A NorthNorth Carolina DeSalisburypartmentStreet1 of1617 EnMvironmentalailService Center R Quality I Division aleigh, of WaterNorthCarolina Resou27rc699es -1617 vOry rroN cmn.iti vvv,��J// 512 o.panemofEn.wnmenta4au:r� � 919.707.9000