HomeMy WebLinkAbout20130223 Ver 3_Approval Letter_20150625���..r-.._�
NCD NR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 25, 2015
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
Donald R. van der Vaart
Secretary
Subject: Modification to the 401 Water Quality Certification pursuant to Section 401 of the Federal Clean Water
Act and Jordan Lake Buffer Rules with ADDIT[ONAL CONDITIONS for Proposed improvements for
the Greensboro Urban Loop from SR 2176 (Bryan Blvd.) to SR 2303 (Lawndale Dr.) in Guilford County,
Federal Aid Project No. STP-NHF-124(1), State Project No. 34820.1.2; TIP U2524C and D.
NCDWQ Project No. 20130223 v. 3
Dear Mr. Hancock:
Attached hereto is a modification of Certification No. 3965 issued to The North Carolina Department of
Transportation (NCDOT) dated June 25, 2015. This replaces the previous issued certifications dated July 2, 2013
and April 1 S, 2014 and approves additional wetland impacts as summarized in the table below. lmpacts for this
project as original[y approved were not subject to the Jordan Lake Watershed Buffer Rules because the project
began prior to Rule promulgation. However, per the March I1, 2014 moclification application, NCDOT agreed that
any new stf•eam impacts would be subject to the Jordan Buffer rules and as such were accountedfor in the April /S,
2014 Certification bu! not incvrperated by reference. This version �nclzsdes Jordan lVat�rshed Buffer references
although there are no ne�� huffer impacts with this modification.
[f we can be of further assistance, do not hesitate to contact us.
Sincerely,
� S. Jay Zimmerman, 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
Nicole Thomson, SEPI Engineering Environmental Compliance (nthomson@sepiengineering.com)
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
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 Aciion Employer
Modi�cation to the 401 Water Quality CertiCcation Pursuant to Section 401 of the Federal Clean Water Act
and Jordan Lake BUFFER RULES with ADDIT[ONAL 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 2B .0267. This certification authorizes the NCDOT to impact an additional
0.01 acres of jurisdictional wetlands in Guilford County. The project shall be constructed pursuant to the
modification dated received June 8, 2015. The authorized impacts are as described below:
Wetland Im acts in the Ca e Fear River Basin (ri arian)
Site Fill Fill Excavation Mechanized Hand Total
(ac) (temporary) (ac) Clearing Clearing Wetland
(ac) (ac) (ac) Impact (ac)
Original approved impacts at 1.24 - 0.34 0.65 - 2.23
Site 13
New additional impacts with
this approval at Site 13 0.01 - - - - 0.01
(Rock Pad)
Total 1.25 - 0.34 0.65 - 2.24
Totai Wetland Impact for Site: 2.24 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear 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 appli�able portior.s of Sections 301, 302, 303, 306, 307 of PL 92-500 ard PL 95-217 if conducte;l in accordance
with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design fhat you submitted in your modified application dated
received June 8, 2015. All the authorized activities and conditions of certification associated with the original Water
Quality Certification dated July 2, 2013 and April 15, 2014 still apply except where superseded by this certification.
Should your project change, you are required to notify the NCDWR and submit a new application. Ifthe 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.0267. 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. All of the authorized activities
and conditions of certification associated with the original Water Quality Certification dated July 2, 2013
and subsequent modifications dated April 15, 2014 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 S:OOpm, except
for official state holidays. The original and one (1) copy ofthe 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. Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 25th day of June 2015
DIVIS[ON OF WATER RESOURCES
���
� S. Jay Zimmerman, P.G.
Director, Division of Water Resources
WQC No. 3965
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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:
Donaltl R. van tler Vaart
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 40l 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.
App[icant's Certification
1, , 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
l, , 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.
Signatuce: 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
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: 919-807-6300 \ Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer