HomeMy WebLinkAbout20130918 Ver 4_Approval Letter_20141124A�
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
December 11, 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 for proposed Greensboro Eastern Loop from US 70 Relocation to SR 2303 (Lawndale Drive),
Guilford County, Division 7. WBS Element No 34821.1.1, TIP Nos. U -2525B and U- 2525C.
NCDWR Project No. 20130918 ver. 4.
Dear Mr. Hancock:
Attached hereto is a modification of Certification No. 3978 issued to The North Carolina Department of
Transportation (NCDOT) originally dated February 6, 2014 (ver. 1) with subsequent modifications dated June 24,
2014 (ver. 2) and October 15, 2014 (ver. 3).
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
-A Ouk-
Thomas A. Reeder, Director
ivision of Water Resources
Attachments
Electronic copy only distribution:
Dave Bailey, US Army Corps of Engineers, Raleigh Field Office
Jerry Parker, Division 7 Environmental Officer
Colin Mellor, NC Department of Transportation
Rachelle Beauregard, NC Department of Transportation
Dr. Cynthia Van Der Wiele, US Environmental Protection Agency
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Jason Elliott, NCDOT, Natural Environment Section
Beth Harmon, Ecosystem Enhancement Program
Dave Wanucha, NC Division of Water Resources Winston Salem Regional Office
File Copy
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Phone: 919 - 807 -63001 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer
Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
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 <0.01 acres of
jurisdictional wetlands in Guilford County. The project shall be constructed pursuant to the modification dated
November 21, 2014. The authorized impacts are as described below:
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
November 21, 2014. All the authorized activities and conditions of certification associated with the original Water
Quality Certification dated February 6, 2014 and subsequent modifications dated June 24, 2014 and October 15,
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 02B .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.
Condition(s) of Certification:
1. This modification is applicable only to the additional proposed activities. All of the authorized activities
and conditions of certification associated with the original Water Quality Certification dated February 6,
2014 and subsequent modifications dated June 24, 2014 and October 15, 2014 still apply except where
superseded by this certification.
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.
Fill
Fill
Excavation
Area under
Total
Site
(aacc )
(temporary)
(ac)
Bridge
Wetland
(ac)
(ac)
Impact (ac)
HA
<0.01
-
-
-
<0.01
New Site with impacts
Total
<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
November 21, 2014. All the authorized activities and conditions of certification associated with the original Water
Quality Certification dated February 6, 2014 and subsequent modifications dated June 24, 2014 and October 15,
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 02B .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.
Condition(s) of Certification:
1. This modification is applicable only to the additional proposed activities. All of the authorized activities
and conditions of certification associated with the original Water Quality Certification dated February 6,
2014 and subsequent modifications dated June 24, 2014 and October 15, 2014 still apply except where
superseded by this certification.
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 11 th day of December 2014
DIVISION OF WATER RESOURCES
?r-'�
WQC No. 003978
Thomas A. Reeder, Director
Division of Water Resources
A IVMW
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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, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. 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
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
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Phone: 919 - 807 -63001 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer