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Home My WebLink About19980260 Ver 3_Approval Letter_20190207ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director 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 NORTH CAROLINA Environmenta! Quallty February 7, 2019 Subject: Modification to 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for Proposed Winston Salem Northern Beltway from I-40 to US 52 (TIP Nos. R- 2247B Phase 2, CA, CB, CD, D, EA, EB, and EC); and 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) in Forsyth County. Federal Aid Project No. NHP-0074(213); WBS 348393GV7. NCDWR Project No. 19980260 v3. Dear Mr. Harris: Attached hereto is a copy of Certification No. WQC004131 for TIP U-2579 Sections D, E and F with revisions to Section C-Phase 2 issued to The North Carolina Department of Transportation (NCDOT) dated February 7, 2019. The original Certification was dated October 12, 1998. A new application was received on October 2, 2017 for a phased project. The phased permit was issued on November 14, 2017, revised on November 27, 2017 and revised again on December 21, 2017. If we can be of further assistance, do not hesitate to contact us. Sincerely, � �` L-' L '}--�^r`-_ � �inda Culpepper, Direc�ar Division of Water Resources Attachments Electronic copy only distribution: Nicholle Braspennickx, US Army Corps of Engineers, Charlotte Field Office Amy Euliss, Division 9 Environmental Officer Carla Dagnino, NC Department of Transportation Chris Militscher, US Environmental Protection Agency Marella Buncick, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission Beth Harmon, Division of Mitigation Services File Copy �� North Carolina Department of Environmental Quality � Division of Water Resources � . _ .. . t 512 North Salisbury Street � t617 Mail Service Center � Raleigh, North Carolina 27699-1617 u�w�i�:�i�mi � ..�� o�M•.� � 919.707.9000 LF 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS TffiS 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 1.66 acres of jurisdictional wetlands, 3.06 acres of open water (pond) and 14,186 linear feet (including permanent, temporary and bank stabilization impacts) of jurisdictional streams in Forsyth County. The project shall be constructed pursuant to the modification dated January 7, 2019. The authorized impacts are as described below: Table 1. Stream Im acts in the Yadkin Pee Dee River Basin Section D of U-2579 D E& F. Permanent Fill in Temporary Fill Perennial Stream Temporary Stream Permanent Fill in linear ft Fill in Impacts Site Intermittent Stream in Intermittent � � Perennial Requiring (linear ft) Stream Stream Mitigation (linear ft) F�� Bank ��near ft) (linear ft) Stabilization 15 520 15 0 0 0 0 16 152 0 361 0 20 361 17 0 0 928 0 23 928 18 161 11 0 0 0 0 19 0 0 341 0 26 341 20 0 0 35* 0 31 0 20A 0 0 0 16 21 0 20B 0 0 0 20 21 0 20C 0 0 0 0 165 0 21 0 0 133 10 10 0 22 0 0 97 0 7 0 23 0 0 348 26 21 348 24 120 10 0 0 0 0 25 294 10 0 0 0 0 26 0 0 519 24 20 519 27 0 0 328 72 20 328 32 0 0 0 172 19 0 34 0 0 0 24 11 0 Totals 1,247 46 3,090 364 415 2,825 • Pipe removal. Table 2. Stream Im aCts in the Yadkin Pee Dee and Roanoke River Basin Section E and F of U-2579 D, E& F and C-Phase 2. Permanent Fill in Temporary Fill Perennial Stream Temporary Stream Permanent Fill in Fill in Impacts in Intermittent (linear ft) Site Intermittent Stream Perennial Requiring Stream (linear ft) Stream Mitigation (linear ft) Fill Bank (�inear ft) (linear ft) Stabilization 6 0 0 824 0 7 824 7 266 0 0 0 0 0 8 215 0 703 0 19 703 9 154 0 632 14 0 632 10 0 0 364 0 13 364 11 0 0 615 0 0 615 12 0 0 410 0 10 410 13 0 0 337 0 22 337 14 0 0 220 0 11 0 31 57 0 0 0 0 0 33 0 0 20 0 21 0 Totals 692 0 4;125 14 103 3,885 Section F 1 0 0 1522 20 0 1,522 2 0 0 86 0 0 0 3 0 0 120 0 0 0 4 0 0 132 0 0 0 5 0 0 642 0 10 642 Totals 0 0 2,502 20 10 2,164 Section C-Phase 2 29 0 0 906 40 10 906 30 0 0 563 15 24 563 Totals 0 0 1,469 55 34 1,469* * Previously Site 1 in Section C-Phase 2, impacts of which were previously mitigated resulting in a surplus (refer to pem►it application). Table 3. Wetlard iverioe Im aets in the Yadkin Pee Dee and Roanoke River Basin U-2579 D E& F and C-Phase 2. Fill Excavation Mechanized Impacts Requiring Site (ac) (ac) Clearing Mitigation (ac) (ac) Section D 15A 0.04 0 0 0.04 Total 0.04 0 0 0.04 Section E 6A 0.11 <0.01 0.01 0.12 8A <0.01 0 0 0.01 8B 0.51 0 0 0.51 l0A 0.03 0 <0.01 0.03 l OB <0.01 0 0 0.01 11A 0.08 0 0 0.08 12A 0.08 0 0 0.08 13A 0.0 0 <0.01 0.01 Total 0.82 0.01 0.02 0.85 Section F 1 A 0.06 0 0 0.06 1 B 0.07 0 0 0.07 1 C 0.02 0 0 0.02 1D <0.01 0 0 OA1 2A 0.01 0 0 0.01 SA 0.02 0 0 0.02 SB <0.01 <0.01 0 0.01 Total 0.19 <0.01 0 0.20 Section C-Phase 2 2g* 0.26 0 0 0.26 29A* <0.01 0 0 0.01 29B* 0.26 0.03 0.01 030 Total 0.53 0.03 0.01 0.57 * Previously Site 1 in Section C-Phase 2, impacts of which were previously mitigated (refer to permit application). Table 4. Open Water (Pand) Impacts in the Yadkin Pee Dee River Basin U-2579 D. E& F. Site I Permanent Fill in Open Waters Temporary Fill in Open Waters (ac) (ac) 14A I 3.06 The modification application provides adequate assurance that the discharge of fill material into the waters of the Yadkin Pee Dee and Roanoke 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 January 7, 2019. All the authorized activities and conditions associated with the phased permit Water Quality Certification issued on November 14, 2017, revised on November 27, 2017 and revised again on December 21, 2017, 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 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: Project Specific Conditions 1. Compensatory mitigation for 10, 343 linear feet of impact to streams and 1.66 acres of wetlands is required. We understand that you have chosen to perform compensatory mitigation for impacts to streams through the North Carolina Division of Mitigation Service (DMS) (formerly NCEEP), and that the DMS has agreed to implement the mitigation for the project. The DMS has indicated in a letter dated September 29, 2017 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements far the above-referenced project, in accordance with the DMS Mitigation Banking Instrument signed July 28, 2010. 2. This approval is only valid for the purpose and design that you submitted in your application for a modification dated January 7, 2019. All the authorized activities and conditions associated with the phased permit Water QualiTy Certifcation issued on November 14, 2017, revised on November 27, 2017 and again on December 21, 2017, still apply except where superseded by this certification. 3. The pond drainage plan for Site 14A provided to NCDOT by the design build team shall be forwarded to NCDWR for review prior to dewatering. [15A NCAC 02H.0506(b)(2)] 4. 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 equilibrium is being maintained if requested in writing by NCDWR. Table 5 below summarizes approved culvert burial practices as described in the permit modification application. [15A NCAC 02H.0506(b)(2)] Table 5. Pine invert burial depths for U-2579 d, E& F*. Site � Location I Burial Depth (feet) 19 ` 279+30 -L- � 1.0 27 � 356+07 -L- � 1.0 'All other pipe locations as described in the permit modification application do not require burial. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certificatian shall become nul] and void unless the above conditions are made canditior�s of the Federa1404 and/or Coastal Area Managernent Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If you wish co contest any state�ent in the attached Certi�cation yau must file a petitian for an administrati�e heaxing. You may abtain the petidon form from the office oFAdminisirati�e hearings. You must file the petition with the office af Administrarive Hcarings werhin sixty (fiU) days of receipt af this natioe. A petition is �ansidered f led when it is recei�ed in the office of Administrative Hearings during normal office hours. The �ffice of Administrati�e Hearings aceepts filinas Monday through Friday between the hours of 8:OOam and S:flOpm, except for official state holidays. 'The original and one (1) copy of the petition mus# 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 7th day of February 2019 DIVISION OF WATER RESOURCES �� A �r�_ � r � "V � ' da Culpepper, Director WQC No. 004131 �� ]��iL.y ! vq "•. s� � �I �i� I�? ROY COOPER Governor MICHAEL S. REGAN Secretary L[NDA CULPEPPER Director �"� �;µ"� NORTH CAROLINA Environmenta! Qua/ity 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 modifcations, 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; Engineer's Certification Partial Final Date: 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 D_EC��,� _.., �, . ;.,-. . . � 'u.N,n-.n��:r�n;wann.naimun� Registration No. North Carolina Department of Environmental Quality � Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center � Raleigh, North Carolina 27699-1617 919.707.9000