The URL can be used to link to this page

Home My WebLink About20130477 Ver 3_Approval Letter_20141208NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 8, 2014 Mr. Richard W. Hancock, P.E., Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699 -1598 John E. Skvarla, III Secretary Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and Randleman Lake Watershed Buffer Rules, with Additional Conditions for proposed improvements and widening from SR 1003 (North Main Street) and SR 1820 (Skeet Club Road) to NC 68 in High Point, Guilford County, Division 7; Federal Aid Project No. STP- 1820(2), TIP No. U- 36158. NCDWR Project No. 2013 -0477 v.3 Dear Mr. Hancock: Attached hereto is a modification of Certification No. 3966 issued to The North Carolina Department of Transportation (NCDOT) originally dated June 28, 2013 and subsequently modified and dated August 29, 2013. If we can be of further assistance, do not hesitate to contact us. Sincerely, Thomas . Reeder, Director Division of Water Resources Attachments Electronic copy only distribution: Dave Bailey, US Army Corps of Engineers, Raleigh Field Office Jerry Parker, Division 7 Environmental Officer Colin Mellor, NC Department of Transportation Rachelle Beauregard, NC Department of Transportation Dr. Cynthia Van Der Wiele, US Environmental Protection Agency Gary Jordan, US Fish and Wildlife Service Travis Wilson, NC Wildlife Resources Commission Jason Elliott, NCDOT, Natural Environment Section Beth Harmon, Ecosystem Enhancement Program Dave Wanucha, NC Division of Water Resources Winston Salem Regional Office File Copy 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 Phone: 919 - 807 -63001 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and RANDLEMAN BUFFER RULES 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 and 15A NCAC 213 .0250 for Randleman. This certification authorizes the NCDOT to modify impacts to jurisdictional wetlands, open waters and protected riparian buffers in Guilford County. The project shall be constructed pursuant to the modification dated November 20, 2014. The authorized impact ,'modifications are as described below for U- 361513. Table 1. Modified Wetland Im acts in the Cape Fear River Basin for U- 3615B. Total Wetland Impact for all Sites plus Modification: 0.81 acres (originally 0.82 acres). Table 2. Modified Open Water Impacts in the Cape Fear River Basin for U- 3615B. Permanent Fill in Fill Total Fill in Mechanized Hand Total Site Fill (temporary) Excavation Clearing Clearing Wetland - (ac) (ac) (ac) (ac) (ac) Impact Total 0.03 - (ac) Original approved impacts at <0.01 - - 0.01 - 0.01 Site 5 Modified impacts with this <0.01 - - 0.01 - 0.01' approval at Site 5 Original approved impacts at <0.01 - - <0.01 - <0.01 Site 6 Modified impacts with this 0.00 - - 0.00 - 0.00 approval at Site 6 Total Wetland Impact for all Sites plus Modification: 0.81 acres (originally 0.82 acres). Table 2. Modified Open Water Impacts in the Cape Fear River Basin for U- 3615B. Total Open Water Impact for all Sites plus Modification: 0.03 acres (originally 0.04 acres). V Permanent Fill in Temporary Fill in Total Fill in Site Open Waters Open Waters (ac) Open Waters (ac) • (ac) Original approved impacts at Site 5A 0.02 - 0.02 New additional impacts with this approval at 0.01 - 0.01 Site 5A Total 0.03 - '0.03 Total Open Water Impact for all Sites plus Modification: 0.03 acres (originally 0.04 acres). V Table 3. Modified Randleman Riparian Buffer Impacts for U- 36158. Site Zone 1 Buffer Impacts (sq ft) Zone l Buffer Mitigation Required (using 3:1 ratio) Zone 2 Buffer Impacts (sq ft) Zone 2 Buffer Mitigation Required (using 1.5:1 ratio) Site 1, Originally approved impacts 3,854 0 1,931 0 Site 1, Modified impacts 5,869 0 1,671 0 Site 2, Originally approved impacts 4,787 0 2,292 0 Site 2, Modified impacts 3,975 0 2,546 0 Site•2 (parallel), Originally approved impacts 36,705 110,115 22,604 33,906 Site 2 (parallel), Modified impacts 31,061 93,183 13,632 20,448 Site 2A, Originally approved impacts 1,369 4,107 9,662 14,493 Site 2A, Modified impacts 2,456 7,368 5,717 8,575.5 Site 5, Originally approved impacts 8,784 0 5,141 0 Site 5, Modified impacts 8,562 0 4,228 0 Site 5 (parallel), Originally approved impacts 175 525 877 1,315.5 Site 5 (parallel), Modified impacts 0 0 0 0 Totals for Modification (change from original) -3,751 - 14,196 - 14,713 - 20,691 Totals for all sites plus this Modification 134,594 - 78,899 - Total Buffer Impact for U -3615B for all Sites plus Modification: 213,493 square feet. Table 4. Total Modified Miti able Buffer Impacts for U- 3615B. Zone 1 Buffer (sq ft) Zone 2 Buffer (sq ft) All sites including this modification 96,291 56,625 The application provides adequate assurance that the discharge of fill material into the waters of the Cape 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 modified application dated received November 20, 2014. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated June 28, 2013 and August 29, 2013 still apply except where superceded 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 150 linear feet, respectively, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 2B .0248. 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: This modification is applicable only to the additional proposed activities. All of the authorized activities and conditions of certification associated with the original Water Quality Certification dated June 28, 2013 and subsequent modification dated August 29, 2013 still apply except where superseded by this certification. 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:OOam and 5:OOpm, 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 DENR as follows: Mr. John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center This the 8th day of December, 2014 DIVISION OF WATER RESOURCES Thomas A. Reeder, aYor Division of Water Resources WQC No. 3966 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: John E. Skvarla, III Secretary 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, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. 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: Date: Engineer's Certification Partial Final 1, , 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 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 Phone: 919 - 807 -63001 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer