20170732 Ver 3_mod 2 401_20200422

ROY COOPER
Governor
MICHAEL S. REGAN
Secremry
^ LINDA CULPEPPER
Environmental
Interim Director
Quality
May 22, 2018
Forsyth County
NCDWR Project No. 20170732v.3
US 421/140 Business
TIP Project U-2827B; C-5620A
Federal Project NHF-0421(5)
WBS 34872.3.4
APPROVAL of Modification to 401 WATER QUALITY CERTIFICATION with
ADDITIONAL CONDITIONS
Mr. Philip S. Harris III
NC Department of Transportation
Environmental Analyses Unit Head
1020 Birch Ridge Drive
Raleigh, NC 27610
Dear Mr. Harris:
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 NCDOT to impact an additional 114 linear feet of jurisdictional
streams in Forsyth County. The project shall be constructed pursuant to the permit modification request dated May
11, 2018.
All the authorized. activities and conditions associated with the original Water Quality Certification dated July 10,
2017 (revised and dated July 13, 2017); and, second modification dated February 16, 2018 (revised and dated
February 27, 2018), still apply except where superseded by this certification. The authorized impacts are as
described below:
Stream Impacts in the Yadkin Pee Dee River Basin
Temporary Fill in
Permanent Fill in Perennial Stream
Total
Stream
Perennial Stream
(linear ft)
Stream
Impacts
Site
linear ft
Impact
Requiring
Dewater
Excavation
Culvert
Bank
Relocation
(linear ft)
Mitigation
Stabilization
(linear ft)
(2) New impacts
10
73
31
114
73
with this approval
Totals
10
73
31
114
73
New total of temporary and permanent stream impacts with this modification: 788 linear feet.
The project shall be constructed in accordance with your modification dated May 11, 2018. After reviewing your
application, we have decided that these impacts are covered by General Water Quality Certification Number 4135.
This certification corresponds to General Permit 198200031 issued by the Corps of Engineers. In addition, you
should acquire any other federal, state or local permits before you proceed with your project including (but not
limited to) Sediment and Erosion Control, Non -Discharge and Water Supply Watershed regulations. This approval
will expire with the accompanying 404 permit.
State of North Carolina I Environmental Quality
1617 Mail Service Center I Raleigh, North Carolina 27699-1617

This approval is valid solely for the purpose and design described in your application. All the authorized activities
and conditions of certification associated with the original Water Quality Certification dated July 10, 2017 (revised
and dated July 13, 2017); and, second modification dated February 16, 2018, (revised and dated February 27, 2018),
still apply except where superseded by this certification. Should your project change, you must 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 total wetland fills for this project
(now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 300 linear feet,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to
remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional conditions
listed below.
Condition(s) of Certification:
Project Specific Conditions
Compensatory mitigation for 73 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) (formerly NCEEP), and that the DMS has agreed to implement the mitigation for the
project. The DMS has indicated in a letter dated May 7, 2018 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.
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: [phone], Facsimile: [phone]
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 letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Dave Wanucha at [phone] or [e-mail].
Sincerely,
Linda Culpepper, Interim Director
Division of Water Resources
Electronic copy only distribution:

Bryan Roden -Reynolds, US Army Corps of Engineers, Charlotte Field Office
Amy Euliss, NCDOT Division 9 Environmental Officer
Colin Mellor, NC Department of Transportation
Deanna Riffey, NC Department of Transportation
Carla Dagnino, NC Department of Transportation
Chris Militscher, US Environmental Protection Agency
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
File Copy

Environmental
Quality
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
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
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:
Agent's Certification
Date:
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:
Engineer's Ceri frcation
Partial Final
Date:
1, , 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
State of North Carolina I Environmental Quality
1617 Mail Service Center I Raleigh. North Carolina 27699-1617