The URL can be used to link to this page

Home My WebLink AboutU-2579AB_AA Permit Modification.docx DocuSign Envelope ID:C2FB2FE7-88FA-41BC-8359-2A085A46CEB6 ROY COOPER ‘6 Air- oli Governor ?� ELIZABETH S.BISER n* Secretary *"` `"°p S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality January 10,2022 Mr.Philip S.Harris,III,P.E.,CPM Environment Analysis Unit Head North Carolina Department of Transportation 1598 Mail Service Center Raleigh,North Carolina,27699-1598 Subject: Modification to the 401 Water Quality Certification(WQC 004131)Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS,for additional portions of the Winston Salem Northern Beltway(Eastern Section of Future I-74)from US 311 to I-40 of which includes Sections U-2579AB and U- 2579AA (I-40 Business to US 311 South); Federal Aid Project No. NHF-0918(14); WBS No. 34839.1.7; NCDWR Project No. 19980260 version 8. Dear Mr.Harris: Attached hereto is a modification of Certification No. 004131 issued to The North Carolina Department of Transportation(NCDOT) originally issued and dated November 14, 2017 for the Winston Salem Northern Beltway from I-40 to US 52 (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);Revision 2 dated December 21, 2017; Revision 3 dated February 7, 2019; Revision 4 dated August 13, 2019; Revision 5 dated November 14,2019; Revision 6,dated November 30,2020;In-Field Modification dated January 14,2021;and,Revision 7 dated February 9,2021. If we can be of further assistance,do not hesitate to contact us. Sincerely, -DocuSigned by: awk.,,a, C u pwui n, S.L 9C9886312DCD474..._ Division of Water Resources Attachments Electronic copy only distribution: Andrew Williams,US Army Corps of Engineers,Raleigh Field Office Amy Euliss,NC Department of Transportation,Division 9 Colin Mellor,NC Department of Transportation Carla Dagnino,NC Department of Transportation Bill Barrett,NC Department of Transportation Amanetta Somerville,US Environmental Protection Agency Janet Mizzi,US Fish and Wildlife Service Andrea Leslie,NC Wildlife Resources Commission Beth Harmon,Division of Mitigation Services 401-R4notices@epa.gov File Copy D ,.,, North Carolina Department of Environmental Quality Division of Water Resources v�J� 512 North Salisbury Street 1617 Mail Service Center Raleigh,North Carolina 27699-1617 NORTH CAROL3NA o.wraoem or EnvIronmonial ooan, 919.707.9000 DocuSign Envelope ID:C2FB2FE7-88FA-41BC-8359-2A085A46CEB6 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 3,491 linear feet of jurisdictional streams, 1.64 acres of wetlands and 3.04 acres of open water(ponds)in Forsyth County(for U- 2579AA and AB). The project shall be constructed pursuant to the modification dated November 3,2021. The authorized impacts are as described in Tables 1 through 7 below: Table 1. New(Modified)Wetland Impacts in the Yadkin Pee Dee River Basin; U-2579AB. Permanent Impacts Requiring New Permit Site Fill Excavation Mechanized Clearing Mitigation (ac) (ac) (ac) (ac) 14B <0.01 - 0.02 0.02 Previously Permitted Totals 1.11 0.02 0.29 1.43 (for all Sites) _ Notes: Data are rounded. Table 2.New(Modified)Intermittent Stream Impacts in the Yadkin Pee Dee River Basin; U-2579AB. Impact Type Permanent Temporary Impacts New Permit Site Impacts Impacts Requiring (linear ft) (linear ft) Mitigation Roadway Fill (linear ft) 31 15 10 - Previously Permitted Totals(for all Sites) 9,180 824 5,222 Table 3. Stream Impacts in the Yadkin Pee Dee River Basin-U-2579AA. Permanent Temporary Impacts Permit Stream Requiring Site Type Impact Type Impacts Impacts Mitigation (linear ft) (linear ft) (linear It) 42-inch RCP-V(not buried) 392 0 -- 1 I Channel armoring 14 24 -- 2C Bank Stabilization 16 20 -- 2 @ 9'X 9'RCBC 240 0 240 3 Channel Change 124 0 124 Bank Stabilization 26 20 26 Bank stabilization 3A (detour-ditch outlets) 20 40 20 3B P Bank Stabilization-(detour bridge) 35 18 35 2 @ 10'X 9'RCBC 418 0 418 4 Channel Change 85 0 85 Bank Stabilization 80 0 80 4A Bank Stabilization—(culvert phasing) 67 10 67 DocuSign Envelope ID:C2FB2FE7-88FA-41BC-8359-2A085A46CEB6 Table 3. Stream Impacts in the Yadkin Pee Dee River Basin-U-2579AA. Permanent Temporary Impacts Permit Stream Requiring Site Type Impact Type Impacts Impacts Mitigation (linear ft) (linear ft) (linear ft) SA Scour Hole Stabilization 42 40 42 (assoc.w/60"CMP removal) 5B P Scour Hole Stabilization 8 10 8 (assoc. w/60"CMP removal) SD Bank Stabilization 173 0 173 36-inch Welded Steel Pipe/ 57 0 -- 6 I channel armoring Bank Stabilization 68 20 -- 7 72-inch Alt/Welded Steel Pipe 26 0 -- Bank Stabilization 23 15 -- 7A 72-inch Alt/Welded Steel Pipe 11 0 -- 35 10 -- 10 P 60 20 -- lOB Bank Stabilization 8 10 10C 8 10 -- 10D 10 10 -- 12A Channel armoring 33 0 (for Energy Dissipator Basin) 12B I Channel change 80 10 -- 13 60-inch Alt/Welded Steel Pipe 32 0 -- Channel Armoring 31 25 -- 3 @ 8'X 8'RCBC Extension 150 0 150 14 P 1 Bank Stabilization 97 20 97 14A I 3'Base Ditch 50 10 -- 15 P 36-inch RCP-III 249 0 -- Bank Stabilization 16 32 -- Totals 3,044 422 1,801 Notes:For stream types;I=Intermittent,P=Perennial. Table 4.Wetland Impacts in the Yadkin PeeDee River Basin-U-2579AA. Permanent Fill Excavation Mechanized Impacts Requiring Permit Site Impacts Impacts Clearing Impacts Mitigation (ac) (ac) (ac) (ac) 5 <0.01 0 0.02 0.02 8 0.04 I 0.04 0.02 0.10 9 0 I 0 0.06 0.06 11 0 I 0 0.03 0.03 14B 0.38 I 0 0.05 0.43 15A 0.64 0.07 0.20 0.92 Totals 1.07 0.11 0.38 1.56 Notes: Data are rounded. DocuSign Envelope ID:C2FB2FE7-88FA-41BC-8359-2A085A46CEB6 Table 5.Open Water Impact(Ponds)in the Yadkin PeeDee River Basin-U-2579AA. Pond Size Permanent Fill Impacts Requiring Permit Site (ac) (ac) Mitigation (ac) 2 0.50 0.50 - 2A 0.12 0.12 - 2B 2.31 2.31 - 6A 0.11 0.11 - Totals 3.04 3.04 - Table 6.Wetland Impacts in the Yadkin PeeDee from Utilities-U-2579AA. Impact Type Impacts Requiring Utility Excavation Site Gravity Sewer Line (ac) Mitigation (inch) (ac) Site 5 30 0.02 0.02 Site 16 16 <0.01 <0.01 Site 17 16 0.03 0.03 Site 18 30 <0.01 <0.01 Totals 0.06 0.06 Notes: Impacts for Sites 5 and 18 are outside of permanent fill at Wetland Site 5. Data are rounded. Table 7. Permit Sites where culvert/pipe inverts are to be buried vs.not buried—U-2579AA. I Yes I 3 I 4 I -- No 1 I 6 I 7 I 7A I 13 I 14 I 15 The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin PeeDee and Roanoke River Basins 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 November 3,2021.All the authorized activities and conditions associated with the original Water Quality Certification dated November 14,2017 for the Winston Salem Northern Beltway from I-40 to US 52(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) and subsequently modified (Revision 2 dated December 21, 2017; Revision 3 dated February 7,2019; Revision 4 dated August 13,2019;Revision 5 dated November 14,2019;Revision 6,dated November 30,2020;In-Field Modification dated January 14,2021;and,Revision 7 dated February 9,2021)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 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 modification is applicable only to the additional proposed activities and design that you submitted in your request for modification dated November 3,2021.All the authorized activities and conditions DocuSign Envelope ID:C2FB2FE7-88FA-41BC-8359-2A085A46CEB6 associated with the original Water Quality Certification dated November 14,2017 for the Winston Salem Northern Beltway from I-40 to US 52(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)and subsequently modified(Revision 2 dated December 21,2017;Revision 3 dated February 7, 2019;Revision 4 dated August 13,2019;Revision 5 dated November 14,2019;Revision 6,dated November 30,2020; In-Field Modification dated January 14,2021;and,Revision 7 dated February 9, 2021)still apply[15A NCAC 02H.0506(b)(1,2)]. 2. Placement of culverts and other structures in open waters and streams,shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,to allow low flow passage of water and aquatic life. Table 7 above lists those permit sites where culvert/pipe burial is exempt from this condition or not. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks,adjacent to or upstream and downstream of the above structures.The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)] 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: (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 10th day of January 2022 DIVISION OF WATER RESOURCES ,-DocuSigned by: ape, c ► m, -9C9886312DCD474... S.Dulllel 31111M,I/11CGLV1 WQC No. 004131 DocuSign Envelope ID:C2FB2FE7-88FA-41BC-8359-2A085A46CEB6 Win..., Dk,, STATE,, 41 .u u R'k7py ROY COOPER g 1 0„ Governor ` ELIZABETH S.BISER k� � rt -,,,,ar��al* r _�' Secretary 4%` ^` = 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 DA5" North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh,Narth Carolina 27649 1617 NORTH CAROL3NA Oearlme R ue&wimnmonmi 4unLy 919.707.9000