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HomeMy WebLinkAbout20130223 Ver 3_Approval Letter_20150625���..r-.._� NCD NR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 25, 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 401 of the Federal Clean Water Act and Jordan Lake Buffer Rules with ADDIT[ONAL CONDITIONS for Proposed improvements for the Greensboro Urban Loop from SR 2176 (Bryan Blvd.) to SR 2303 (Lawndale Dr.) in Guilford County, Federal Aid Project No. STP-NHF-124(1), State Project No. 34820.1.2; TIP U2524C and D. NCDWQ Project No. 20130223 v. 3 Dear Mr. Hancock: Attached hereto is a modification of Certification No. 3965 issued to The North Carolina Department of Transportation (NCDOT) dated June 25, 2015. This replaces the previous issued certifications dated July 2, 2013 and April 1 S, 2014 and approves additional wetland impacts as summarized in the table below. lmpacts for this project as original[y approved were not subject to the Jordan Lake Watershed Buffer Rules because the project began prior to Rule promulgation. However, per the March I1, 2014 moclification application, NCDOT agreed that any new stf•eam impacts would be subject to the Jordan Buffer rules and as such were accountedfor in the April /S, 2014 Certification bu! not incvrperated by reference. This version �nclzsdes Jordan lVat�rshed Buffer references although there are no ne�� huffer impacts with this modification. [f we can be of further assistance, do not hesitate to contact us. Sincerely, � S. Jay Zimmerman, Director Division of Water Resources Attachments Electronic copy only distribution: Dave Bailey, US Army Corps of Engineers, Raleigh Field Office Jerry Parker, Division 7 Environmental Officer Nicole Thomson, SEPI Engineering Environmental Compliance (nthomson@sepiengineering.com) 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 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 Aciion Employer Modi�cation to the 401 Water Quality CertiCcation Pursuant to Section 401 of the Federal Clean Water Act and Jordan Lake BUFFER RULES with ADDIT[ONAL 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 and 15A NCAC 2B .0267. 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 received June 8, 2015. The authorized impacts are as described below: Wetland Im acts in the Ca e Fear River Basin (ri arian) Site Fill Fill Excavation Mechanized Hand Total (ac) (temporary) (ac) Clearing Clearing Wetland (ac) (ac) (ac) Impact (ac) Original approved impacts at 1.24 - 0.34 0.65 - 2.23 Site 13 New additional impacts with this approval at Site 13 0.01 - - - - 0.01 (Rock Pad) Total 1.25 - 0.34 0.65 - 2.24 Totai Wetland Impact for Site: 2.24 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 appli�able portior.s of Sections 301, 302, 303, 306, 307 of PL 92-500 ard PL 95-217 if conducte;l in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design fhat you submitted in your modified application dated received June 8, 2015. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated July 2, 2013 and April 15, 2014 still apply except where superseded by this certification. Should your project change, you are required to notify the NCDWR and submit a new application. Ifthe 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 2B.0267. 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 July 2, 2013 and subsequent modifications dated April 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 S:OOpm, except for official state holidays. The original and one (1) copy ofthe 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. Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center This the 25th day of June 2015 DIVIS[ON OF WATER RESOURCES ��� � S. Jay Zimmerman, P.G. Director, Division of Water Resources WQC No. 3965 ��j� -...,..., ��' ���� 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: Donaltl R. van tler Vaart 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 40l 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. App[icant'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: Date: Agent's Certification l, , 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. Signatuce: 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 Registration No. Date 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-6300 \ Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer