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Home My WebLink About20140090 Ver 7_Approval Letter_20200203DocuSign Envelope ID: OFE6E183-D62C-4937-A31D-45E1111C3A75 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Mr. Philip S. Harris, III, P.E., CPM NC Department of Transportation Environmental Analysis Unit 1598 MSC Raleigh, NC 27699-1598 NORTH CAROLINA Environmental Quality February 3, 2020 Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for improvements to Winston Salem Northern Beltway Eastern Section from US 158 to I-40 Bus/US 421 in Forsyth County, WBS Element No. 34839.2.10, TIP Project No. U-2579B; NCDWR Project No. 20140090 v7. Dear Mr. Harris: Attached hereto is a modification of Certification No. 3987 issued to The North Carolina Department of Transportation (NCDOT) originally dated April 11, 2014 and modified (with revisions) dated July 28, 2014 (v2); subsequently modified (via field modifications) on June 11, 2015 (0), and on August 8, 2017 (v4); modified again on December 17, 2018 (v5); and, renewed/modified (with revision) on October 14, 2019 (v6). If we can be of further assistance, do not hesitate to contact us. Sincerely, EDOCUSIgned by: 0 4/ fUn. 9C9886312DCD474... Linda Culpepper, Director Division of Water Resources Attachments Electronic copy only distribution: Nicholle Braspennickx, US Army Corps of Engineers, Charlotte Field Office Carla Dagnino, NC Department of Transportation Amanetta Somerville, US Environmental Protection Agency Claire Ellwanger, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission Amy Euliss, NC Department of Transportation, Division 9 File Copy D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 mo m )ry rN c. itiA o.,nro�em or Ew��a�:r� �./� 919.707.9000 DocuSign Envelope ID: OFE6E183-D62C-4937-A31D-45E1111C3A75 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 211 .0500. This certification authorizes the NCDOT to impact an additional 1,791 linear feet of jurisdictional streams in Forsyth County. Additional new open water impacts (pond draining) amount to 7.82 acres. The project shall be constructed pursuant to the modification dated received October 21, 2019 and subsequent information received on January 29, 2020. The authorized impacts are as described below: Perennial Stream Impacts in the Yadkin Pee Dee River Basin New New Permanent Fill Permanent Temporary Temporary Stream (linear ft) Impacts Total Impacts Impacts Impacts Site (linear feet) (linear ft) Total Requiring (linear ft) Additional Mitigation Culvert Fill Bank Bank Fill Fill (linear ft) Stabilization Stabilization 23, Current impacts 151 - 36 - 121 - - 23, New impacts - - plus 19 55 minus 91 30 - 28, Current impacts 598 - 194 - 127 - - 28, New impacts - 1,711 minus 62 132 minus 127 0 1,711 28A, _ 80 - - - - - Brand New impacts Total New Stream Impact: 1,791 linear feet *Mitigation requirements to be determined following the monitoring period per the submitted plan. Open Water (Ponds) Impacts in the Yadkin Pee Dee River Basin Permanent Fill in Open Temporary Fill in Site Waters Open Waters Total Fill in (ac) (ac) Open Waters (ac) 28B 1.62 - 1.62 28C 6.20 - 6.20 Total 7.82 - 7.82 Total Open Water Impact for Project: 7.82 acres. DocuSign Envelope ID: OFE6E183-D62C-4937-A31D-45E1111C3A75 The 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 modification application dated October 21, 2019 and subsequent information received on January 29, 2020. All of the authorized activities and conditions that pertain to the original Water Quality Certification dated April 11, 2014 and modified (with revisions) dated July 28, 2014 (v2); subsequently modified (via field modifications) on June 11, 2015 (0), and on August 8, 2017 (v4); modified again on December 17, 2018 (v5); and, renewed/modified (with revision) on October 14, 2019 (v6), 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. Mitigation requirements related to the impacted channel will be determined following the monitoring period of the relocated channel as outlined in the submitted plan. As indicated in your application, natural stream design (NSD) credits may be issued if monitoring data indicates criteria have been met. 2. Channel relocations (2,127 linear feet for Smith Creek, Site 28; and, 384 linear feet for UT to Smith Creek, Site 28A) will be constructed in a dry work area and stabilized before stream flows are diverted. Channel relocations should be completed and stabilized prior to diverting water into the new channel to the extent practicable. Whenever possible, channel relocations shall be allowed to stabilize for an entire growing season. NCDWR staff shall be contacted prior to diverting water into the new channels. Annual monitoring shall occur as described in the monitoring plan. [ 15A NCAC 02H .0506(b)(3) 3. This approval is only valid for the purpose and design that you submitted in your request for modification dated October 21, 2019 and subsequent information received on January 29, 2020. This Certification shall expire upon the expiration of the 404 permit. 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. 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. DocuSign Envelope ID: 0FE6E183-D62C-4937-A31 D-45E1111 C3A75 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 31 day of February 2020 DIVISION OF WATER RESOURCES DOCUSigned by: 9C9886312DCD474— S. Daniel Smith, Director WQC No. 3987 DocuSign Envelope ID: OFE6E183-D62C-4937-A31D-45E1111C3A75 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NCDWR Project No.: NORTH CAROLINA Environmental Quality 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: Agent's Certification Date: 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 Registration No. Date DE Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 vOry rN Cx:40:.itiA o. —2o E�.—.�. a�:ri /� 919.707.9000