20200628 v2_U-5760_Big Mill Farm Rd Modification

DocuSign Envelope ID: C76BC9B5-E862-44CC-8CO3-4416CB95879A
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Ms. Amy Euliss
NCDOT, Division 9 PDEA Engineer
375 Silas Creek Parkway
Winston Salem, NC 27127
NORTH CAROLINA
Environmental Quality
April 20, 2023
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act with ADDITIONAL CONDITIONS for Proposed widening and extension of Big Mill Farm Road and
widening of Hopkins Road from I-40 Business/US 421 to West Mountain Street with a new partial
cloverleaf interchange at I-40 Business/US 421 in Forsyth County; STIP No U-5760; WBS Element No.
46381.1.1. NCDWR Project No. 20200628v2; WQ Certification No. 0044231.
Dear Ms. Euliss:
Attached hereto is a modification of Certification No. 0044231 issued to The North Carolina Department of
Transportation (NCDOT) originally issued on July 13, 2020.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
DocuSigned by:
44,PW1.l.UA.
Ri 1ff6R6 4Jr., Director
Division of Water Resources
Electronic copy only distribution:
Matt Jones, NCDOT Division 9 ([e-mail])
Steve Brumagin, US Army Corps of Engineers, Charlotte Field Office
Amanetta Somerville, US Environmental Protection Agency
Rebekah Reid, US Fish and Wildlife Service
David McHenry, NC Wildlife Resources Commission
Beth Harmon, NC DMS
File Copy
North Carolina Department of Environmental Quality I Division of Water Resources
:f D, E Q 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
� � F

DocuSign Envelope ID: C76BC9B5-E862-44CC-8CO3-4416CB95879A
Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
with ADDITIONAL CONDITIONS
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 permanently impact an additional 123 linear
feet of jurisdictional streams and reduce temporary impacts by 19 linear feet (for the two Sites) in Forsyth County.
The project shall be constructed pursuant to the modification received March 17, 2023. The authorized impacts are
as described below:
Stream Impacts in the Yadkin Pee Dee River Basin
Permanent Fill in Perennial
Temporary Fill in Perennial
Stream
Stream
Stream
Impacts
Site
(linear ft)
(linear ft)
Requiring
Additional
Culvert
Channel
Fill
Mitigation
Improvements
(linear ft)
Current impacts at 1B
522
20
20
-
New additional impacts at 1B
88
13
4
101
Current impacts at 4A
61
30
28
New additional impacts at 4A
No change
22
Reduction of 23
22
Relevant Totals
gg
35
4
123
(for this modification)
Total Stream Impact (for this modification): 127 linear feet (total includes new temporary impacts)
The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin Pee Dee
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 modification application dated
March 17, 2023. All the authorized activities and conditions associated with the original Water Quality Certification
originally dated July 13, 2020, still apply except where superseded 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 300 linear feet, respectively, additional 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. 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 and design that you submitted in
your request for modification received March 17, 2023. [15A NCAC 02H.0506(b) (1, 2)]
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
j��D_E 919.707.9000

DocuSign Envelope ID: C76BC9B5-E862-44CC-8CO3-4416CB95879A
2. All the authorized activities and conditions associated with the original Water Quality Certification dated
July 13, 2020, still apply except where superseded by this certification. [15A NCAC 02H.0506(b) (1, 2)]
Compensatory mitigation for 123 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 February 23, 2023, 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.
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 8:00am and 5:00pm, 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 the 20th day of April 2023
DIVISION OF WATER RESOURCES
DocuSigned by:
44 "'
RichL'R.9ftgMy4n, Director
WQC No. 004231
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
e:��D,E Q-5 919.707.9000

DocuSign Envelope ID: C76BC9B5-E862-44CC-8CO3-4416CB95879A
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
NCDWR Project No.:
Applicant:
Project Name:
County:
Date of Issuance of 401 Water Quality Certification:
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
I, , 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:
I, , 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: Date:
Engineer's Certification
Partial Final
I, , 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
Date
Registration No.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
0e: f D, E Q 919.707.9000
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