HomeMy WebLinkAboutSAW-2017-02112 Mod Ltr IssuedDEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
August 21, 2023
Regulatory Division
Action ID SAW-2017-02112
NC DOT TIP No.: Winston-Salem Northern Beltway in Forsyth County, TIPs R-2247
(Western Section), U-2579 (Eastern Section), and U-2579A (Eastern Section Extension)
Ms. Amy Euliss, PDEA Engineer
North Carolina Department of Transportation, Division 9
375 Silas Creek Parkway
Winston-Salem, North Carolina 27127
aeulissCc�ncdot.gov
Dear Ms. Euliss:
Reference the Department of the Army (DA) permit issued on January 22, 2018,
and several subsequent modifications for the discharge of fill material into waters and
wetlands to construct a 34.5-mile-long portion of new location roadway known as the
Winston-Salem Northern Beltway in Forsyth County, TIPs R-2247 (Western Section), U-
2579 (Eastern Section), and U-2579A (Eastern Section Extension). The project received
a Department of Army Permit on January 22, 2018, to include the permanent discharge
of dredged or fill material into 59,395 linear feet of stream channel, and 9.41 acre of
riparian wetlands in Forsyth County, North Carolina.
Reference is also made to your July 18, 2023, request to make two modifications
to this project. Specifically, a request to correct the official record and provide
compensatory mitigations as part of the July 29, 2022, modification associated with
noise wall construction and additional impacts resulting from final design for Section U-
2579 AA & AB and a request for permit modification associated with Site #2 for U-2579
AB to permanently retain a proposed temporary pipe crossing and to make a minor
modification the energy dissipator basin at the pipe outlet. This Site # 2 modification
would include a total permanent stream impact of an additional 90 linear feet (If) beyond
what was authorized at this location with the retention of the pipe/fill, any appurtenant
structures for the pipe and the revisions to the rock energy dissipator at the outlet.
I have determined that the proposed project modifications described above are not
contrary to the public interest and are consistent with the 404 (B) (1) Guidelines and
therefore, the DA permit is hereby modified. The authorized work shall be completed in
accordance with the attached revised drawings. All other conditions of the original
-2-
permit and previous modifications remain applicable and the expiration date is
unchanged. The permit modifications are as follows:
August 2023 Special Condition #1: The permittee shall ensure that the
construction design plans for this project do not deviate from the permit
plans, previously modified plans and the specific modified permit drawings
(Sheets 1-2 of 2 labelled by the Corps entitled, "SAW-2017-02112 NCDOT R-
2579 AB W-S Northern Beltway Site #2 Modification Forsyth Co., N.C." and
dated 8-21-23) attached to this authorization letter. Any modification to the
description of work and/or the permit plans must be approved by the USACE
prior to implementation.
August 2023 Special Condition #2: To compensate for impacts associated
with these specific permit modification requests, the permittee shall provide
compensatory mitigation in accordance with the provisions outlined on the
most recent version of the attached Compensatory Mitigation Responsibility
Transfer Forms (two forms attached). The requirements of this form,
including any special conditions listed on this form, are hereby incorporated
as special conditions of this permit.
Please note that all other terms and conditions of your Department of the Army
permit dated January 22, 2018, shall remain in effect.
This approved modification should be attached to the original permit and will be
utilized for future compliance reviews of the project. If you have questions, please
contact Stephen Brumagin of the Charlotte Regulatory Field Office, at telephone (704)
798-6471.
FOR THE DISTRICT ENGINEER
�o,tk- 2023.08.21
/' Aj" 16:28:52-04'00'
Monte K. Matthews
NCDOT/WRDA Branch Chief
Wilmington District
Enclosures:
Mitigation Transfer Form for July 29, 2023, permit modification
Mitigation Transfer Form for Site #2, U-2579 AB modification
Site #2 U-2579 AB modified permit plans (labelled by Corps and dated 8-21-23)
-3-
Copies Furnished (electronic):
Ms. Beth Harmon, NC Division of Mitigation Services
beth.harmon(@deg.nc.gov
Mr. William Barrett, NCDOT
wabarrett(�ncdot.gov
Mr. Dave Wanucha NC DEQ
dave.wanuch(@deg.nc.gov
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: North Carolina Department of Transportation, Division 9, Amy Euliss Action ID: SAW-2017-02112
Project Name: NCDOT U-2579 AA & AB Winston-Salem Beltway, 7-29-22 Modification County: Forsyth
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03040101, Yadkin River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
2,057
1.64
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03040101, Yadkin River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
4,114
3.28
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1.
This Compensatory Mitigation Responsibility Transfer Form is only for the July 29, 2022, modification to U-2579 AA & AB.
On September 29, 2017, NC DMS agreed to provide mitigation for this project. Specifically, to provide mitigation for 30,834
linear feet (If) of stream, 4.79 acres (ac) of wetland impacts in the Yadkin River basin, 6,414 If of stream and 1.14 ac of
wetland impacts in Roanoke River Basin.
Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC27587 (or by email to SAWMIT@usace.army. miD.
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: Stephen A. Brumagin
USACE Field Office: Charlotte Regulatory Office
US Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
Email: step hen.a.brumagin@usace.army.miI
Digitally signed by
BRUMAGI N.STEPHEN.A.1283520
737
Date: 2023.08.21 09:14:36-04'00'
USACE Project Manager Signature
8/21/2023
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mi1.
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: North Carolina Department of Transportation, Division 9, Amy Euliss Action ID: SAW-2017-02112
Project Name: NCDOT U-2579 AB, Sie #2 Winston-Salem Northern Beltway, Aug. 21, 2023 Modification County: Forsyth
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03040101, Yadkin River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
90
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03040101, Yadkin River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
180
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1.
This Compensatory Mitigation Responsibility Transfer Form is only for the NCDOT U-2579 AB, Sie #2 Winston-Salem
Northern Beltway, Aug. 21, 2023 Modifications.
On September 29, 2017, NC DMS agreed to provide mitigation for this project. Specifically, to provide mitigation for 30,834
linear feet (If) of stream, 4.79 acres (ac) of wetland impacts in the Yadkin River basin, 6,414 If of stream and 1.14 ac of
wetland impacts in Roanoke River Basin.
Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace.army. mil).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: Stephen A. Brumagin
USACE Field Office: Charlotte Regulatory Office
US Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
Email: step hen.a.brumagin@usace.army.miI
Digitally signed by
BRUMAGIN.STEPHEN.A.12835207
37
Date: 2023.08.21 09:16:57-04'00'
USACE Project Manager Signature
8/21/2023
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mi1.
2G3C-NICK
NGEL
m
m
ES W. POPE
E GE N NGE
�F
c
1 5
m 36" CS
s
\\
- fEAIUREBEGIN
\ \
_ PDD� ENE
�\MFI PDE,
m
�70 CB \\ \ \ \
DETAIL EEE U-2579AB 6B
DETAIL III RRI'l-FED ENERGY DISSRAIOR I -IN
RANI( —11SA DESIGN
JU swW E- w„m , / ENGINEER ENGINEER
j� INCOMPLE E PLANS
-0180-1
W
\ REGIONAL REALTY INC. UNLESS ALL SIGNATURES COMPLETED
WFRE00Rft., n of the CeC. 27601
HDFR Engi p6t ,,,,Inc,ncRRlagh N mlin 1
N C B E.L S. Ll—se Number. F-0116
SITE 2 TH
v
P NAD 83/95
RGY DETOUR IMPACTS =p
)R BASI Js�-'
S 'Ss LEGEND:
1 DENOTES IMPACTS IN
I SURFACE WATER
F BANK STABILIZATION
AT JS STREAM DENOTES TEMPORARY
CLASS 'I' RIP RAP IMPACTS IN SURFACE WATER
ESTAO TONS
10 SY GEOTEXTILE
SEE SHEET 2D-2
DETAIL 'III'
\r
NCDOT
III
PERMIT DRAWING
SHEET 5 OF 78
*Rounded totals are sum of actual impacts 1873 255
NOTES:
NC DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
10/19/2020
FORSYTH COUNTY
U-2579AB
34839.1.8
R.A.s 20131024 SHEET 75 OF 78
WETLAND PERMIT IMPACT SUMMARY
WETLAND IMPACTS SURFACE WATER IMPACTS
Site
No.
Station
(From/To)
Structure
Size /Type
Permanent
Fill In
Wetlands
(ac)
Temp.
Fill In
Wetlands
(ac)
Excavation
in
Wetlands
(ac)
Mechanized
Clearing
in Wetlands
(ac)
Hand
Clearing
in
Wetlands
(ac)
Permanent
SW
impacts
(ac)
Temp.
SW
impacts
(ac)
Existing
Channel
Impacts
Permanent
(ft)
Existing
Channel
Impacts
Temp.
(ft)
Natural
Stream
Design
(ft)
1
Y4RPB 20+29 RT
30" RCP -III
0.09
< 0.01
48
1
Y4RPB 20+29 RT
4' BASE DITCH
0.10
< 0.01
76
18
2
Y4 40+43 RT
36" CSP
< 0.01
139 31--
2
Y4 40+43 RT
ENERGY DISSIPATOR BASIN
< 0.01
22 �8-
2
Y4 40+43 RT
BANK STABILIZATION
< 0.01
0 �
2
Y4 40+43 RT
DETOUR
0.01
0 �F-
3
L 746+02 RT
54" RCP -IV
0.10
< 0.01
137
12
4
L 748+64 - 750+76 LT
ROADWAY FILL
0.01
74
4A
L 750+02 - 753+80 LT
ROADWAY FILL
0.13
4B
L 748+64 - 750+76 LT
FILL IN POND
0.89
5
L 755+00 - 758+02 LT
PIPE REM./ PROP. DITCH
< 0.01
< 0.01
28
32
5A
L 758+02 LT
PIPE REM./ PROP. DITCH
< 0.01
6
L 768+62
2 @ 12' x 10' RCBC
0.13
589
6
L 768+62
INLET CHANNEL FLOODPLAIN BENCH
< 0.01
0.01
26
41
6
L 768+62
OUTLET CHANNEL PROTECTION
0.02
0.03
81
88
6A
L 764+50 LT
ROADWAY FILL
0.03
6B
L 760+00 LT
6" RCP SEGMENT REPLACEMENT /CLEAN
< 0.01
19
7
Y15FLYBD
54" RCP
0.02
92
7
Y15FLYBD
4' BASE DITCH
< 0.01
< 0.01
84
10
7
Y15FLYBD
RIPRAP PAD
< 0.01
< 0.01
16
25
7A
Y15FLYBD
54" RCP -IV
0.36
8
L 781+44
42" RCP -III
0.05
< 0.01
444
8
L 781+44
BANK STABILIZATION
< 0.01
< 0.01
17
10
TOTALS*: 0.51
< 0.01
1.44
0.07
�F
DocuSign Envelope ID: 73384BF8-DFE4-4A64-9691-7E8C299CE54C
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Ms. Amy Euliss
NCDOT, Division 9 PDEA Engineer
375 Silas Creek Parkway
Winston Salem, NC 27127
NORTH CAROLINA
Environmental Quality
August 21, 2023
Subject: Modification to 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Section U-2579 AB, the Winston-Salem Northern Beltway (Eastern
Section of Future 1-74), from US 311 to I-40; Federal Aid Project No. NHF-0918(14), Division 9. WBS No.
34839.3.GV5; NCDWR Project No. 19980260 version 11; WQC No. WQ004131.
Dear Ms. Euliss:
Attached hereto is the modification of Certification No. WQC004131 issued to NCDOT dated August 21, 2023.
This approval is for the purpose and design described in your application dated July 18, 2023. The plans and
specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change
your project, you must notify the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for
complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Certification does not relieve the permittee of the
responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project,
including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply
Watershed, and Trout Buffer regulations.
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Dave Wanucha at 336-403-5655 or dave.wanuchakdeq.nc.gov if you have any questions or
concerns.
Electronic copy only distribution:
Steve Brumagin US Army Corps of Engineers
Rebekah Reid, US Fish and Wildlife Service
David McHenry, NC Wildlife Resources Commission
Amanetta Somerville, USEPA
File Copy
rmcC�'Gy�ned by:
Mt 0,t.a rVKAA&
4F4DD2F21 EA846E...
Richard E. Rogers Jr., Director
Division of Water Resources
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
919.707.9000
DocuSign Envelope ID: 73384BF8-DFE4-4A64-9691-7E8C299CE54C
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 2H .0500. This certification authorizes the NCDOT to revise impacts to amounting to an additional 90 linear
feet of jurisdictional streams in Forsyth County. The project shall be constructed pursuant to the modification dated
July 18, 2023. The authorized impacts are as described below:
Modified Stream Impacts (linear feet) in the Yadkin Pee Dee River Basin-U-2579AB.
Permanent Fill in Perennial Stream
Temporary Fill in
Stream
Perennial Stream
Impacts
Site
Requiring
Energy
Additional
Bank Stabilization
Pipe
Dissipator
Fill/Detour
Mitigation
Basin
Current impacts at 2
14
51
20
76
-
Revised impacts at 2
0
139
22
0
-
Totals
0
88
2
0
-
(For this modification)
Total Net Change in Stream Impacts (for this modification): 90 linear feet
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 July
18, 2023. All the authorized activities and conditions associated with the original Water Quality Certification issued on
November 14, 2017 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, D, and F), and from 1-40 Business to US 311
South (U-2579AA and AB); Revision 2 dated December 21, 2017; Revision 3 dated February 7, 2019; and Revision 4
dated August 13, 2019; Revision 5 dated November 14, 2019; Revision 6, dated November 30, 2020; Revision 7, dated
February 9, 2021; Revision 8, dated January 10, 2022; Revision 9, dated March 9, 2023; and, Revision 10, dated April
27, 2023 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 tenth 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. This modification is applicable only to the additional proposed activities and design that you submitted in
your request for modification dated July 18, 2023. [15A NCAC 02H.0506(b) (1, 2)]
e:!5fr. North Carolina Department of Environmental Quality I Division of Water Resources
� _& %4 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
_Ns� 919.707.9000
DocuSign Envelope ID: 73384BF8-DFE4-4A64-9691-7E8C299CE54C
2. All the authorized activities and conditions associated with the original Water Quality Certification issued on
November 14, 2017 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, D, and F), and from I-40
Business to US 311 South (U-2579AA and AB); Revision 2 dated December 21, 2017; Revision 3 dated
February 7, 2019; and Revision 4 dated August 13, 2019; Revision 5 dated November 14, 2019; Revision 6,
dated November 30, 2020; Revision 7, dated February 9, 2021; Revision 8, dated January 10, 2022; Revision
9, dated March 9, 2023; and, Revision 10, dated April 27, 2023 still apply except where superseded by this
Certification. [15ANCAC 02H.0506(b) (1, 2)]
3. All work in or adjacent to stream waters shall be conducted per approved BMP measures from the most
current version ofNCDOT Construction and Maintenance Activities manual. [15A NCAC 02H.0506(b)(3)
and (c)(3)]
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 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 21 st day of August 2023
DIVISION OF WATER RESOURCES
IA
DocuSigned by:
KA� ot,a KAAJA,
4F4DD2F21 EA846E...
Richard E. Rogers, Jr., Director
WQC No. 004131
e:!5fr. North Carolina Department of Environmental Quality I Division of Water Resources
� —& %4 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
—Ns� 919.707.9000
DocuSign Envelope ID: 73384BF8-DFE4-4A64-9691-7E8C299CE54C
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Dfrector
NCDWR Project No.:
Applicant:
Project Name:
NORTH CAROLINA
Environmental Quality
Date of Issuance of 401 Water Quality Certification:
County:
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
Date
Registration No.
Completed hard copies can be emailed to kristilynn.caMenterkdeq.nc.gov or mailed to:
NCDEQ Transportation Permitting
1617 Mail Service Center
Raleigh NC 27699-1617
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
�J 919.707.9000