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Home My WebLink About20140090 Ver 6_Approval Letter_20191007DocuSign Envelope ID: 72F30933-D2E4-4944-A5C4-DA56BCEE8D68 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Mr. Philip S. Harris, III, P.E., CPM NCDOT Environmental Analysis Unit 1598 MSC Raleigh, NC 27699-1598 NORTH CAROLINA Environmental Quality October 7, 2019 Subject: Modification and Renewal to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for improvements to Winston Salem Northern Beltway Eastern Section from US 158 to I-40 Bus/US 421 in Forsyth County, WBS Element No. 34839.2.10, TIP Project No. U-257913; NCDWR Project No. 20140090 v6. Dear Mr. Harris: Attached hereto is a modification and renewal of Certification No. 3987 issued to The North Carolina Department of Transportation (NCDOT) originally dated April 11, 2014 and modified (with revisions) dated July 28, 2014 (v2); subsequently field modified on June 11, 2015 (0); modified via a field modification on August 8, 2017 (v4); and, modified again on December 17, 2018 (v5). If we can be of further assistance, do not hesitate to contact us. Sincerely, EDocuSigned by: 12DCD474 Linda Culpepper, Director Division of Water Resources Attachments Electronic copy only distribution: Nicholle Braspennickx, US Army Corps of Engineers, Charlotte Field Office Colin Mellor, NC Department of Transportation Carla Dagnino, NC Department of Transportation Amanetta Somerville, US Environmental Protection Agency Claire Ellwanger, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission Beth Harmon, Division of Mitigation Services File Copy 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 Noana GwauNn � 919.707.9000 DocuSign Envelope ID: 72F30933-D2E4-4944-A5C4-DA56BCEE8D68 Modification and Renewal 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 144 linear feet (permanently) and 40 linear feet (temporarily) of jurisdictional streams Forsyth County. The project shall be constructed pursuant to the modification dated received September 18, 2019. The authorized impacts are as described below: Stream Impacts in the Yadkin Pee Dee River Basin Permanent Fill in Temporary Fill Stream Perennial Stream in Perennial Impacts (linear ft) Stream Total Stream Requiring Site (linear ft) Impact Additional (linear ft) Mitigation Stream Relocation Culvert Fill (linear ft) 8A, New Site 144 - 40 184 144 Totals 144 - 40 184 144 (for this modification) Total Stream Impact: 184 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 and renewal application dated received September 18, 2019. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated April 11, 2014 and modified (with revisions) dated July 28, 2014; and, including subsequent field modifications on June 11, 2015 (0); and, on August 8, 2017 (v4); and, again on December 17, 2018 (v5) 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 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. DocuSign Envelope ID: 72F30933-D2E4-4944-A5C4-DA56BCEE8D68 Condition(s) of Certification: 1. Compensatory mitigation for 144 linear feet of impact to streams is required. 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 the DMS has agreed to implement the mitigation for the project. The DMS has indicated in a letter dated September 13, 2019 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. 2. This approval is only valid for the purpose and design that you submitted in your request for modification and renewal dated September 18, 2019. This Certification shall expire upon the expiration of the 404 permit. 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. 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 DEQ as follows: Mr. Bill F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center This the 7th day of October 2019 DIVISION OF WATER RESOURCES DOCUSigned by: 9C9866312DCD474... Linda Culpepper, Director WQC No. 3987 DocuSign Envelope ID: 72F30933-D2E4-4944-A5C4-DA56BCEE8D68 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NCDWR Project No.: NORTH CAROLINA Environmental Quality County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: 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 Registration No. Date D E Q�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 Noana GwauNn oMwbmMofEnv+—v1OnifiV /"� 919.707.9000