20130918 Ver 5_Approval Letter_20150318

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NCDENR
North Carolina Department of Environment antl Natural Resources
Pal McCrory
Governor
March I8, 2015
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
Donald R. van der Vaart
Secretary
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 40I 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-2S256 and U-2525C.
NCDWR Project No. 20130918 vec 5.
Dear Mr. Hancock:
Attached here[o is a modification of Ce�tifica[ion No. 3978 (ver. 5) issued [o The North Carolina Department of
Transportation (NCDOT) originally da[ed Febraa�y 6, 2014 (ver. 1) with subsequent modifications dated June 24,
2014 (ver. 2), October I5, 2014 (ver. 3) and December 1 l, 2014 (ver. 4).
If we can be of fiirther assistance, do not hesitate to contact us.
Sincerely,
0�� �,� �, ���.
S. Jay Z�fmmenna�irector
Division of Water Resources
Attachments
Electronic copy only distribu[ion:
Dave Bailey, US Army Corps of Engineers, Raleigh Field Office
Jerry Parker, Division 7 Environmental Officer
Colin Mellor, NC Department of Transpor[ation
Rachelle Beauregard, NC Departmen[ of Transportation
Dr. Cyndiia Van Der Wiele, US Environmental Protection Agency
Gary Jordan, US Fish and W ildlife 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, Nodh Carolina 27699-1617
Phone: [phone]nternet: www.ncdenr.gov
An Equal Oppotluniry 1 Affumalive Action Employer

Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
THIS CERT[F[CATION 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 200 feet ofjurisdictional
streams in Guilford County. The project shall be constructed pursuant to the modification dated February 23, 2015
and additional electronic information received on March 9 and IQ 2015. The authorized impacts are as described
below:
Stream Im acts in the Ca e Fear River Basin
Site Permanent Temporary Permanent Temporary Total Stream
Fill in Fill in Fill in Fill in Stream Impacts
Intermittent Intermittent Perennial Perennial Impact Requiring
Stream Stream Stream Stream (linear ft) Mitigation
(linear ft) (linear ft) (linear ft) (linear f't) (linear ft)
Original approved New Permit Site
impacts at Site 37
New additional impacts
with this approval at
Site 37 0 0 0 200 200 0
(temporary stream
crossings)
Total 0 0 0 200 200 0
Total Stream Imaacts for Modification: 200 feet of temaorarv impacts.
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 approva] is only valid for the purpose and design that you submitted in your modified application dated
February 23, 2015 and subsequent information received via email correspondences dated March 9 and l Oth, 2015
All the aathorized activities and conditions of certification associated with the original Water Qualiry Certification
dated February 6, 2014 and subsequent modifications dated June 24, 2014, October 15, 2014 and December 1 l,
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 fuwre) exceed one acre or 150 linear
feet, respectively, additional compensatory mitigation may be required as described in I SA NCAC 2H .0506 (h) (6)
and (7). Additional buffer impacts may require compensatory mi[igation as described in 15A NCAC 02B .0268.
For this approval to remain valid, you are required to comply with alI 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
Permi[.
Condition(s) of Certi�ca[ion:
1. This modification is applicable only to the additional proposed activities as outlined above. All of the
a�thorized activities and conditions of certification associated with the origina] Water Qoality
Certification dated February 6, 2014 and subsequent modifications dated June 24, 2014, October 15, 2014
and December t 1, 2014 still apply except where superseded by this certification.

Violations of any condition herein set forth may residt in revocation of this Certification and may result in criminal
and/or civil penalties. This CeiYification 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 permi[.
If yoo 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 [he office of Administrative hearings. You must file the pe[ition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when i[ 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 S:OOpm, except
for official s[ate holidays. The original and one (1) copy ofthe pe[ition must be filed wi[h [he 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: (919)-43L-3100
A copy of the pe[i[ion mus[ also be served on DENR as follows:
Mr. Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 1 Sth day of March 2015
DNISION OF WATER RESOURCES
. �,� �� �
L
S. Ja imnterman, Director
Division of Water Resources
WQC No. 3978

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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:
Donald R. van der Vaart
Secretary
Certificate of Completion
Upon completion of all work approved wi[hin tlie 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required [o re[orn [his certificate to tlie 401 Transportation Pennitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Cen[er, 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 cenificates from all of these.
App[icnnPs Cerlification
I, , hereby state that, to the best of my abili[ies, due care and diligence
was used in the observation of [he eonstmction such [hat tlie construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and E3uffer Rules, the approved plans and
specifica[ions, and other suppo�4ing materials.
Signature: Date:
Age�tPs Certifrcntioir
1, , hereby s[ate tha[, to the best of my abili[ies, due care and diligence
was used in the observation of die construction such that the construction was observed to be built within substantial
compliance and intenl of Che 401 Water Quality Certification and Buffer Rides, the approved plans and
specifications, and other suppor[ing materials.
Signature: Date:
Engineer's Certification
Pa�Yial I inal
I, , as a duly registered Rrofessional Engineer in [he State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the projec[ 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 suUstantial compliance and intent of the 401
WaCer Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signa[ure
Registration No. Date
1617 Mail Service Center, Raleigh, Norih Carolina 27699-1617
Phone: [phone]nternet: www.ncdenr.gov
An Equal ODW�unity 1 AHuma�ive Aclion Employer