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Home My WebLink About20160299 Ver 3_Approval Letter_20170612Environm en ta I Quality June 12, 2017 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 ROY COOPER Gnrrrnor MICHAEL S. REGAN Secremrr S. JAY ZIMMERMAN nbr��ror Subject Modification to the 401 Water Quality Certification Pursuant to Section 401 ofthe Pederal Clean Warer Act with ADDITIONAL CONDITIONS for [he proposed Asheboro Southern [3ypass and Zoo Connector in Randolph County, TIP Project No. R-2536, WBS Element 344503.51. NCDWR Project No. 20160299 v. 3 Dear Mc Harris: Attached hereto is a modification ofCertification No. 4059 issued to The NoRh Carolina Department ofTransportation (NCDOT) dated May 20, 2016 with additional modifications on June 20, 2016. [f we can be of further assistance, do not hesitate to contact us. Sincerely, � -� � � -E'� S. Jay Zimmerm n, Director Division of Water Resources Attachments Electronic copy only distribution: Andy Williams. US Army Corps of Engineers, Raleigh Field Office Art King, Division 8 Environmental Ofticer Rodger Rochelle, NC Department of Transporta[ion Chris Rivenbark, NC Department of Transportation Dc Cynthia Van Der Wiele, US Environmental Protection Agency Gary Jordan, US Fish and Wildlife Service Travis Wilson, NC Wildlife Resources Commission Beth Harmon, Division of Mitigation Services April Norton, NC Division of Water Resources File Copy Stare ol'Nonh Camlina I Emironmental Qualiry I fiI7 Mail Service Center I Raleigh. North Carolina 27699-1617 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 impact an additional 0.13 acres of jurisdictional wetlands, and 42 linear feet of temporary impacts and 25 linear feet of permanent impacts to jurisdictional streams. Additionally, .127 linear feet of permanent impacts to jurisdictional streams and 6 linear feet of temporary impacts to jurisdictional streams have been avoided. The project shall be constructed pursuant to the modification dated and received May 22, 2017. The authorized impacts are as described below: Stream Im acts in the Yadkin River Basin Site Permanent Fill Temporary Fill Permanent Temporary Total Stream Stream in Intermittent in Intermittent Fill in Fill in Impact Impacts Stream (linear Stream (linear Perennial Perennial (linear ft) Requiring ft) ft) Stream Stream (linear Mitigation (linear ft) ft) (linear ft) Original approved 563 - - - 563 - impacts at Site 4B Site 4B impact revision -127 - - - -127 - New additional impacts - - - 20 20 - with this approval at Site 4B - 436 - - 20 456 - Total Total Stream lmpact for Site 4B: 456 linear feet Stream lm acts in the Yadkin River Basin Site Permanent Fill Temporary Fill Permanent Temporary Total Stream � Stream in Intermittent in Intermittent Fill in Fill in Impact Impacts Stream (linear Stream (linear Perennial Perennial (linear ft) Requiring ft) ft) Stream Stream (linear Mitigation (linear ft) ft) (linear ft) Original approved - - 334 21 355 334 impacts at Site 48 Site 48 impact revision - - - -6 -6 - New additional impacts - - 6 - 6 6 with this approval at Site 48 - - 340 15 355 340 Total Total Stream Impact for Site 48: 355 linear feet Stream Im acts in the Yadkin River Basin Site Permanent Fill Temporary Fill Permanent Temporary Total Stream Stream in Intermittent in Intermittent Fill in Fill in Impact Impacts Stream (linear Stream (linear Perennial Perennial (linear ft) Requiring ft) ft) Stream Stream (linear Mitigation (linear ft) ft) (linear ft) Original approved - - 146 66 212 - impacts at Site 87 Site 87 impact revision - - � - - - - New additional impacts - - 19 22 41 19 with this approval at Site 87 � - - 165 88 253 165 Total Total Stream Impact for Site 87: 253 linear feet Wetland Im acts in the Yadkin River Basin ' Site Fill Fill Excavation Mechanized Hand Area under Total (ac) (temporar (ac) Clearing Clearing Bridge Wetland y) (ac) (ac) (ac) Impact (ac) (ac) Original approved impacts at - - - <0.01 - - <0.01 Site 3 New additional impacts with - - - <0.03 - - � <0.03 this approval at Site 3 ' - - - <0.04 - - <0.04 Total 1'otal Wetlana lmpact tor,�te s: <U.U4 acres. Wetland Im acts in the Ca e Fear River Basin Site Fill Fill Excavation Mechanized Hand Area under Total (ac) (temporar (ac) Clearing Clearing Bridge Wetland y) (ac) (ac) (ac) Impact (ac) (ac) Original approved impacts at - - - - - - - Site 87 New additional impacts with - - - - <0.1 - - this approval at Site 87 � - - - - <0.1 - - Total Total Wetland lmpact ior �►te ti7: <U.1 acres. The application provides adequate assurance tliat th� discharge of fill material into the waters of the Yadkin River Basin and 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 ofNorth 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 and received May 22, 2017. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated May 20, 2016 and modifications on June 20, 2016 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 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: Project Specific Conditions 1. This modifcation is applicable only to the additional proposed activities. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated May 20, 2016, and subsequent modifications dated June 20, 2016 still apply except where superseded by this certification. 2. Compensatory mitigation for 31,889 linear feet of impacts to streams is required. Site 48 requires an additional 6 feet of permanent impacts. Site 87 requires an additional 19 feet of permanent impacts� We understand that you have chosen to perform compensatory mitigation for impacts to streams through the North Carolina Division of Mitigation Service (DMS), and that DMS has agreed to implement the mitigation . for the project. The DMS has indicated in a letter dated May 18, 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. Compensatory mitigation for impacts to 6.43 acres of riparian 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 May 18, 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 Federa1404 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 Heazings within five (5) business days following the fa�ced transmission. The mailing address for the O�ce of Administrative Heazings is: Office of Administrative Heazings 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 Depardnent of Environmental Quality 1601 Mail Service Center T'his the 12th day of June 2017 DIVISION OF WATER RESOURCES '�"�, �N S. J Zimmertnan,�vector WQC No. 4059 Environmenta! QUC!lity NCDWR Project No.: County: Applicant Project Name: Date of Issuance of 401 Water Quality Certification: ROY COOPER r;orrrm„� MICHAEL S. REGAN s�-�,��i��r S. JAY ZIMMERMAN r�irrrror Certifica[e of Comple[ion Upon completion of all work approved within [he 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modihcations, the applicant is required to retum this certiticate to the 401 Transportation Permittin� Uni[, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, ?7699-1617. This form may be remrned ro NCDWR by the applicant, the applicanrs authorized aQent, or the project en�ineec It is not necessary to send certiticares from all of these. 4pplicanl's Cerrifrcarim� 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 constructiun was observed to be buil[ within substantial compliance and intent ofthe 401 Water Quali[y Certification and Buffer Rules, the approved plans and specifications, and other supponing materials. Signature: Da[e: Agen('s Cerlification I, , hereby state [hat, to the best of my abilities, due care and dilieence was used in [he observation of die construction such that the construction was observed to be built within substantial compliance and intent of the 401 Wa[er Quality Certifica[ion and Buffer Rules, [he approved plans and specifica[ions, and o[her supporting ma[erials. Signa[ure: Date: Engrneer's Cerrification Partial Final I, , as a duly registered Professional Engineer in the State of North Cazolina. having been au[horized to observe (periodically. weekly, full time) ihe cons[ruction of the projec[ for the Pemiittee hereby sta[e that. to the besl of my abilities, due cam and diligence was used in the observation of the constniction such that the construction was observed to be built within substantial wmpliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date Statc o(North Carolina I Em�mnmenial QualiN 1617 Mail Service Crn1cr I Rairieh. Vorth Carnlinu'_7I,99-I61�