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Home My WebLink About19980260 Ver 7_Revised Approval Letter_20210209 DocuSign Envelope ID: B250B393-BOEB-48BE-A102-91FB2FA5E67C $SATE t a �� alibny. ROY COOPER Governor 6 �� MICHAEL S.REGAN ,a 0, �___=' '` SecretaryE$ °* S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality February 9,2021 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 Subject: Modification to 401 Water Quality Certification(WQC004131)for Section U-2579AB of the Winston Salem Northern Beltway(Eastern Section of Future I-74)from I-40 to I-40 Business/US 421,pursuant to Section 401 of the Federal Clean Water Act,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). This will be NCDWR Project No. 19980260 (version 7). Note: On January 26, 2021,NCDOT requested a revision to the modification issued on January 25, 2021. There were a few minor edits needed and a Table 5 describing wetland utility impacts was inadvertently left out of the original. Therefore, the Certification issued on January 25, 2021 is to be replaced by this Certification dated February 9, 2021. Dear Mr.Harris: Attached hereto is a copy of modified Certification No.WQC004131 for TIP U-2579AB(v7-revised)issued to The North Carolina Department of Transportation(NCDOT)dated February 9,2021. For reference, WQC004131 was initially issued on November 14, 2017, revised on November 27, 2017,December 21, 2017 and 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.Modification 6(for U-2579 D,E&F)was issued on November 30, 2020;and,In-Field Modification issued for U-2579 D,E&F on January 14, 2021. If we can be of further assistance,do not hesitate to contact us. ,-DocuSigned by: /\ G ( m ‘--9C9886312DCD474... Division of Water Resources Electronic copy only distribution: Eric Alsmeyer,US Army Corps of Engineers, Raleigh Field Office Bill Barrett,NC Department of Transportation Amy Euliss,DEO,NC Department of Transportation,Division 9 Beth Harmon,Division of Mitigation Services Amanetta Somerville,US Environmental Protection Agency Janet Mizzi,US Fish and Wildlife Service Marla Chambers,NC Wildlife Resources Commission File Copy D_E North512North S Carolinab DeparSttment1 of 16 17 EnMvironmental Quality I Divisionl North Ca of Water Resources alisury re et ail Service Center Raeigh, Carolina 27699-1617 NORTH CAROLINA Deparhnentofe,wronmentaEau:ory 919.707.9000 DocuSign Envelope ID: B250B393-BOEB-48BE-A102-91FB2FA5E67C 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 1.43 acres of wetlands,9,180 linear feet of permanent impacts and 824 linear feet of temporary impacts to jurisdictional streams in Forsyth County. The project shall be constructed pursuant to the modification application dated December 2,2020. The authorized impacts are as described below: Table 1. Wetland(Riverine/Riparian)Impacts in the Yadkin Pee Dee River Basin U-2579AB. Fill Excavation Mechanized Clearing Impacts Requiring Site (ac) (ac) (ac) Mitigation (ac) 4A 0.13 - - 0.13 5A - - <0.01 <0.01 6A 0.03 - - 0.03 7A 0.36 - - 0.36 12A 0.08 - 0.17 0.25 13A 0.08 - - 0.08 14A 0.03 - 0.07 0.10 17A 0.06 - - 0.06 17B 0.09 - - 0.09 17C 0.03 - - 0.03 23A 0.22 0.02 0.06 0.30 Total 1.11 0.02 0.29 1.43* *Mitigation totals are rounded. DocuSign Envelope ID: B250B393-BOEB-48BE-A102-91FB2FA5E67C Table 2. Stream Impacts in the Yadkin Pee Dee River Basin,U-2579AB Stream Description of Permanent Temporary Stream Impacts Requiring Site Impacts Impacts Mitigation Designation Impacts (linear ft) (linear ft) (linear ft) Pipe 48 - - 1 Intermittent Ditch 76 18 - Pipe 51 - - Dissipator Basin 20 - - 2 Perennial Bank Stabilization 14 - - Detour - 76 - 3 Pipe 137 12 - 4 Intermittent Fill 74 - - 5 Ditch 28 32 - Culvert 589 - 589 6 Perennial Bank Stabilization 26 41 - Outlet Protection 81 88 81 6B I Intermittent Pipe - 19 - Pipe 92 - 92 7 Ditch 84 10 84 Perennial Riprap Pad 16 25 16 Pipe 342 - 342 8 Bank Stabilization 17 10 - Intermittent Pipe 102 - - Inlet Protection 66 10 66 Culvert 226 - 226 Outlet Protection 22 - 22 9 Perennial Ditch 149 - 149 Inlet Protection 18 - 18 Culvert 354 - 354 Ditch 195 10 195 DocuSign Envelope ID: B250B393-BOEB-48BE-A102-91FB2FA5E67C Table 2. Stream Impacts in the Yadkin Pee Dee River Basin,U-2579AB Stream Permanent Temporary Stream Impacts Site Designation Description of Impacts Impacts Impacts Requiring Mitigation (linear ft) (linear ft) (linear ft) Intermittent Pipe 556 - - 10 Pipe 60 - - Perennial Ditch 52 - - Perennial Culvert 372 - 372 12 Ditch/Stabilization 277 - - Intermittent Pipe 136 - - 13 Pipe 368 - 368 Bank Stabilization 28 10 - Pipe 44 - - 14 Pipe cleanout - 43 - Bank Stabilization 22 14 - Pipe 36 10 - 15 Riprap Pad 23 48 - 16 Pipe Extension 44 26 - Pipe 170 10 - 16A Bank Stabilization 33 10 Perennial Culvert 427 - 427 17 Channel Protection 35 - 35 Fill 900 102 900 18 Bank Stabilization 44 11 - Fill 80 - - Ditch 50 - - Pipe 14 - - 19 Pipe 16 - - Ditch 65 - - Pipe 18 - - Channel Protection 6 6 - DocuSign Envelope ID: B250B393-BOEB-48BE-A102-91FB2FA5E67C Table 2. Stream Impacts in the Yadkin Pee Dee River Basin,U-2579AB Permanent Temporary Stream Impacts Stream Requiring Site Description of Impacts Impacts Impacts Designation Mitigation (linear ft) (linear ft) (linear ft) Pipe 100 - - 20 Perennial Ditch 55 10 - Pipe 20 - - Ditch 548 10 21 Intermittent - Ditch 180 50 - 22 Ditch 67 - - 23 Ditch 62 10 24 Ditch 0 10 - Culvert 92 - 92 25 Perennial Bank Stabilization 35 5 - Outlet Protection 48 13 48 Culvert 56 - - 26 Inlet Protection 18 14 - Outlet Protection 33 - - Pipe 14 - - 27 Intermittent Riprap Pad 12 10 Perennial 84 - 28 Culvert Intermittent 30 - 29 Ditch 1,023 10 1,023 Perennial 30 Ditch 0 41 - Totals 9,180 824 5,222 DocuSign Envelope ID: B250B393-BOEB-48BE-A102-91FB2FA5E67C Table 3. Open Water(Pond)Impacts in the Yadkin Pee Dee River Basin U-2579AB. Site Permanent Fill Impacts Requiring Mitigation 4B 0.89 - 12B 2.37 - 24 0.35 - Totals 3.61 - Table 4. Utility Stream Impacts in the Yadkin Pee Dee River Basin U-2579AB. Impact Type Temporary Impact Impacts Requiring Site Gravity Sewer (linear feet) Mitigation Line(inches) U-1 8 6 - U-2 16 8 - U-3 8 _ 8 - U-4 8 78 - U-5 8 24 - Totals 124 - Table 5. Utility Wetland Impacts in the Yadkin Pee Dee River Basin U-2579AB. Impact Site Impact Type Temporary Impacts(ac) Requiring Mitigation U-5 Gravity Sewer Line(8 inch) 0 011 - Totals 0.01 - Table 6. Culverts/Pipes to be Buried in the Yadkin Pee Dee River Basin U-2579AB. Site Culvert/Pipe Size 6 RCBC 12'x 10' (2 barrels) 9 RCBC 6'x 7' 14 RCP III 72" 17 RCBC 8'x 7' 25 RCBC 12'x 7' (3 barrels) 26 RCBC 7'x 8' 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 December 2, 2020. All the authorized activities and conditions associated with the phased permit Water Quality Certification issued on November 14,2017 and subsequent modifications and revisions, 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 DocuSign Envelope ID:B250B393-BOEB-48BE-A102-91FB2FA5E67C 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 December 2,2020. All the authorized activities and conditions associated with the phased permit Water Quality Certification issued on November 14,2017,along subsequent modifications and revisions, still apply except where superseded by this Certification. 2. Off-Site Stream Mitigation. Compensatory mitigation for 5,222 linear feet of impact to streams 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 for the above-referenced project,in accordance with the DMS Mitigation Banking Instrument signed July 28,2010. 3. Off-Site Wetland Mitigation. Compensatory mitigation for impacts to 1.43 acres of riverine wetlands is required. We understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Division of Mitigation Services(DMS)(formerly NCEEP),and that the DMS has agreed to implement the mitigation for the project. 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 for the above-referenced project,in accordance with DMS's Mitigation Banking Instrument signed July 28,2010. 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 9th day of February 2021 DIVISION OF WATER RESOURCES ,—DocuSigned by:n s`--9C9886312DCD474... S.Daniel Smith,Director WQC No. 004131 DocuSign Envelope ID: B250B393-BOEB-48BE-A102-91FB2FA5E67C $SATE%mot a �� any. ROY COOPER - Governor 6 : �� MICHAEL S.REGAN \ 4,a 0, �___f Secretary s4' '�O* 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 D_E North512North S Carolinalisb Department 1 of 16 17 EnMvironmentaaill Quality I Divisionl North of Water Resources auryStreet Service Center Raeigh, Carolina 27699-1617 NORTH CAROLINA DeparhnentofErwronmentaEau:ory 919.707.9000