20130918 Ver 3_Approval Letter_20141015

A A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
October 15, 2014
Mr. Richard W. Hancock, P.E., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699 -1598
John E. Skvarla, III
Secretary
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act, and Jordan Lake Buffer Rules for the proposed Greensboro Eastern Loop from US 70 Relocation to
SR 2303 (Lawndale Drive) Guilford County; WBS No. 34821.1.1; TIP No. U -2525B and U- 2525C;
NCDWR Project No. 20130918 version 3.
Dear Mr. Hancock:
Attached hereto is a modification of Certification No. 3978 originally issued to The North Carolina Department of
Transportation ( NCDOT) dated February 6, 2014 and modification version 2 of No. 3978 dated June 24, 2014.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Thomas A. Reeder, Director
Division of Water Resources
Attachments
cc: Colin Mellor, Supervisor, NCDOT PDEA
Rachelle Beauregard, Regional Manager, NCDOT PDEA
David Bailey, US Army Corps of Engineers, Raleigh Field Office (electronic copy only)
Jerry Parker, Division 7 Environmental Officer (electronic copy only)
Dr. Cynthia Van Der Wiele, Environmental Protection Agency (electronic copy only)
Travis Wilson, NC Wildlife Resources Commission (electronic copy only)
Beth Harmon, Ecosystem Enhancement Program (electronic copy only)
Dave Wanucha, NCDWR Winston -Salem Regional Office (electronic copy only)
File Copy
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: 919 - 733 -1290
Internet: www.ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
�aturalltf

Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
and Jordan Lake Buffer Rules
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.and 15A NCAC 2B .0267. This certification authorizes the NCDOT to revise impacts to
jurisdictional wetlands and streams in Guilford County as detailed in Tables 1 and 2 below. This project is not
subject to the Jordan Lake Rules per 15A NCAC 2B .0267 because this project was authorized prior to the adoption
of the Jordan Lake Riparian Buffer Rules. The project shall be constructed pursuant to the modification dated
received October 8, 2014. The revised authorized impacts are as described below:
1
Table 1. Stream Impacts'in the Cape Fear River Basin
Total Stream Impact for Modification: 132 linear feet
Table 2. Wetland Impacts in the Cape Fear River Basin
Permanent
Temporary
Wetland
Stream
Permanent Fill
Mechanized
Fill in
Fill in
Total Stream
Impacts
Location
Revised
Perennial
Perennial
Impact
Requiring
(acre)
Impacts
Stream
Stream (linear
(linear ft)
Mitigation
(acre)
Site 36
(linear ft)
ft)
<0.01
(linear ft)
Total
RCP
101
21
122
Site 36
-
Bank
Stabilization
10
0
10
Total
-
110
21
132
-
Total Stream Impact for Modification: 132 linear feet
Table 2. Wetland Impacts in the Cape Fear River Basin
Total Wetland Impact for Modification: <0.01 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the 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 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 October 8, 2014. All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated February 6, 2014 and modification dated June 24, 2014 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
Wetland
Permanent Fill
Mechanized
Total Wetland
Impacts
Location
(acre)
Clearing
Impact
Requiring
(acre)
(acre)
Mitigation
(acre)
Site 36
<0.01
-
<0.01
-
Total
<0.01
-
<0.01
-
Total Wetland Impact for Modification: <0.01 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the 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 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 October 8, 2014. All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated February 6, 2014 and modification dated June 24, 2014 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 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 15A NCAC 0213.0268. 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.
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 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 DENR as follows:
Mr. John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 15th day of October 2014
DI SION OF WATER RESOURCES
Thom A. Reeder, Director
Division of Water Resources
WQC No. 3978

4
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
John E. Skvarla, III
Secretary
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 Certification
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
Permtttee 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
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807 -63001 FAX: 919 - 733 -1290
Internet: www.ncwaterouality.org
An Equal Opportunity 1 Affirmative Action Employer
Registration No.
Date
NorthCarolina
N aturally