20130477 Ver 4_Approval Letter_20160311

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ENVIf.Gr�F'EfJ I,'�L -sUP,L'-i
Colin Mellor, Group Leader
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
PAT MCCRORY
rr�
DONALD R. VAN DER VAART
March 1 l, 2016
.Secre�ai�y
S. JAY ZIMMERMAN
l )�l'C'� lr��'
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-3615B.
NCDWR Project No. 2013-0477 v.4
Dear Mr. Mellor:
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 on two occasions dated August
29, 2013 and December 8, 2014.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
C�r �Cf
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
Carla Dagnino, NC Department of Transportation
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
Dave Wanucha, NC Division of Water Resources Winston Salem Regional Office
State of North Carolina 'Em ironmental Quality ' Water Resources
1617 Mail Service Cenler, Raleigh. North Carolina 27699-1617
Phone [phone]

Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
RAIYDLEMAN LAKE BUFFER RULES, with ADDITIONAL CONDITIONS
TH[S CERTIF[CATION 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.0250. This certification authorizes the NCDOT to impact an additional
13,684 square feet of protected riparian buffers in Guilford County. The project shall be constructed pursuant to the
modification dated received March 1, 2016. The authorized impacts are as described below:
Site
New Utility Impacts
Utility 1 (Aerial)
Utility 2 (Aerial)
Utility 3 (Aerial)
Randleman Lake Ri arian Buffer [n
Zone 1 minus = Zone 1 Zone 1
Impact Wetlands Buffers Buffer
(sq ft) in Zone 1 (not Mitigation
(sq ft) wetlands) Required
(sq ft) (using 3:1
ratio)
677
2,603
245
- � - � 2,031
- I - I 7,809
- I - I 735
Zone 2 mrnus = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers Mitigation
(sq ft) in Zone 2 (not Required
(sq ft) wetlands) (using 1.5:1
(sq ft) ratio)
635 - - -
4393 - - -
2152 - - -
Utility 4(Aerial) 479 - - 1,437 2287 - -
Utility 5 213
(Guy Wires)
Totals 4,004 - - 12,012 9,680 - -
Total Additional Buffer Impacts for this modification: 13,684 square feet.
The application provides adequate assurance that the discharge of fill material into the waters of the Randleman
Lake Watershed 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 March l, 2016. All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated June 28, 2013 and subsequent modifications dated August 29, 2013 and
December, 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. 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 1 SA NCAC 2B.250. 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:
Compensatory mitigation for impacts to 12,012 square feet of protected riparian buffers in Zone 1 shall be
required. We understand that you have chosen to perform compensatory mitigation for impacts to
protected buffers through use ofthe North Carolina Division of Mitigation Services (DMS) (formerly
NCEEP). Miti�ation for unavoidable impacts to Randleman Lake Riparian Buffers shall be provided in
the Cape Fear River Basin and done in accordance with 15A NCAC .02B .0295. The DMS has indicated
in a letter dated February 26, 2016 that they will assume responsibility for satisfying the 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:OOam and S: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: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This the 1 1 th day of March 2016
DIVISION OF WATER RESOURCES
��
S. ay Zimmerman, Director
WQC No. 3966

Water Resoi�rc es
ENVIR�tJNENI:.L'�V ^�.��_ ' .
NCDWR Project No.:
Applicant:
Project IYame:
Date of Issuance of 40l Water Quality Certification:
COUOf)':
PAT MCCRORY
<„�,��-,•„�,r
DONALD R. VAN DER VAART
.Secre�arr
S. JAY Z[MMERMAN
��
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 al I of these.
Applicant's Certification
�, , 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 Certifrcation
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.
Signature: Date:
Engineer's Certifieation
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
Date
Registration No.
State of North Carolina Environmental Quality , Water Resources
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone:[phone]