HomeMy WebLinkAbout20030909 Ver 1_Approval Letter_20010425State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
Mr. Bill Gilmore, P.E., Manager
Planning & Environmental Branch
N.C. Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Mr. Gilmore
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 25, 2001
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Modification to the construction of the I-85 bypass of Greensboro from I-8~/I-85 Bypass Interchange
cast of SR 3000 (McConnell Road) to I-85/I-85 Bypass interchange south of SR 1117 )Holden Road),
TIP I-2402, Federal Aid Project No. NHF-85-3(151), State Project No. 8.U492301, WQC Project No.
0104100 (DWQ No. original application 980349).
Guilford County
Attached hereto is a modification to Certification No. 3213 issued to the North Carolina Department
of Transportation on December 16, 1998. The attached modification authorizes additional impacts to
261inear feet of streams as described in your application dated February 16, 2001. The project shall
be constructed in with the application dated February 16, 2001, with the attached conditions, and any
condition specifically listed below. It should be noted the modification is applicable only to the
additional proposed activities. All the authorized activities and conditions of certification associated
with the original Water Quality Certification dated December 16, 1998 and all other corresponding
modifications still apply except where superceded by this certification.
If we can be of further assistance, do not hesitate to contact us.
Attachments:
Modification to WQC No. 3213
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
DWQ Winston-Salem Regional Office
Central Files
File Copy
Sincerely,
Kerr T. Stevens
Division of Water Quality 401 Wetlands Unit
1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
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 Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500. The attached modification authorizes additional impacts to 26
linear feet of streams as described in your application dated February 16, 2001. The project shall be
constructed in with the application dated February 16, 2001, with the attached conditions, and any condition
specifically listed below. It should be noted the modification is applicable only to the additional proposed
activities. All the authorized activities and conditions of certification associated with the original Water
Quality Certification dated December 16, 1998 and all other corresponding modifications still apply except
where superceded by this certification.
The application provides adequate assurance that the discharge of fill material into the proposed wetlands 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 application, as described
in the Public Notice. Should your project change, you are required to notify the DWQ 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, 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.
Condition(s) of Certification:
Appropriate sediment and erosion control practices which equal or exceed those outlined in the
most recent version of two manuals. Either the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available from
the Division of Land Resources in the DEHNR Regional or Central Offices). The control
practices shall be utilized to prevent exceedances of the appropriate turbidity water quality
standard (50 NTUs in all fresh water streams and rivers not designated as trout waters; 25 NTUs
in all lakes and reservoirs, and all saltwater classes; and 10 NTUs in trout waters);
2. All sediment and erosion control measures placed in wetlands or waters shall be removed and
the natural grade restored after the Division of Land Resources has released the project;
3. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
4. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters
associated with this permit without appropriate modification of this permit. Should waste or
borrow sites be located in wetlands or stream, compensatory mitigation will be required since it is
a direct impact from road construction activities;
5. Compensatory mitigation for 26 linear feet of streams shall be performed by debiting stream
credits from the Starmount Country Club Mitigation Site located in Guilford County. DOT shall
provide DWQ with an updated debit and credit ledger for the referenced mitigation site no later
than 60 days after issuance of this modification.
6. All other conditions written into previous Water Quality Certifications for this project still apply.
Violations of any condition herein set forth shall 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 expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request
within sixty (60) days following receipt of this Certification. This request must be in the form of a written
petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If modifications are made to an
original Certification, you have the right to an adjudicatory hearing on the modifications upon written
request within sixty (60) days following receipt of the Certification. Unless such demands are made, this
Certification shall be final and binding.
This the 25`s day of April 2001
DIVISION OF WATER QUALITY
Kerr T. Stevens
Modification to WQC No. 3213
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