20130918 Ver 6_Approval Letter_20150721

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 2l, 2015
Mr. Colin Mellor, Group Leader
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 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.6.
Dear Mr. Hancock:
Attached hereto is a modification of Certification No. 3978 (ver.
Transportation (NCDOT) originally dated February 6, 2014 (ver.
2014 (ver. 2), October 15, 2014 (ver. 3), December 1 l, 2014 (ver
If we can be of further assistance, do not hesitate to contact us.
Attachments
6) issued to The North Carolina Department of
1) with subsequent modifications dated June 24,
. 4) and March 18, 2015 (ver. 5.)
Sincerely,
�6 ,
S. Zimmerm n, Director
Division of Water Resources
Electronic copy only distribution:
Dave Bailey, US Army Corps of Engineers, Raleigh Field Office
Jerry Parker, Division 7 Environmental Officer
Carla Dagnino, 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 Eliiott, 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: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer•

Moditication to the 40l Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
THIS CERTIFTCATION 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 additiona1314 feet of jurisdictional
streams in Guilford County. The project shall be constructed pursuant to the modification dated June 26,�2015 and
additional electronic information received on July 7, 2015. The authorized impacts are as described below:
Stream Im acts in the Ca e Fear River Basin
Permanent Fill in
Perennial Stream New Stream
(linear ft) Temporary Fill in Impacts
Site Perennial Stream Requiring
(linear ft) Mitigation
Bank (linear ft)
Fill Stabilization
Original approved impacts at 212 97 29 -
Site 10
New impacts with this approval at _ +35 -14 35
Site 10
Site l0 Sub Total 212 132 15 -
Original approved impacts at 236 - 29 -
Site 20A
New impacts with this approval at _ �9 -29 79
Site 20A
Site 20A Sub Total 236 79 0 -
Original approved impacts at , 191 21 27 -
Site 31
New impacts with this approval at +2g6 - - 286
Site 31
Site 31 Sub Total 477 21 27 -
Original approved impacts at 151 28 25 -
Site 32A
New impacts with this approval at +2g _28 _ 0
Site 32A—pipe extension
Site 32A Sub Total 179 0 25 , -�
Revised Totals t,104 232 67 400*
Total Stream Impacts for Moditication: 428 feet permanent impacts; 15 feet temporary impacts.
*Only 3141inear feet ojpermanent impacts will require mitigation because the US Army Corps of Engineers
(USACE) requires a 2:1 mitigation ratio for 3141inear feet (at Sites 31 and 32A). As such, this supersedes
NCDWR's mitigation requirements for 400 linear feet at 1:1, thereby providing greater benefit.

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 June
26, 2015 and subsequent information received via email correspondences dated July 7, 2015. 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, October 15, 2014, December 1.1, 2014 and March 18; 2015
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
Certifcation 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 as outlined above. 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, October 15, 2014,
December ? 1, 20? 4 and i�larch 18, 2015 still app�y �:}�cept where supereded b;� this certification.
2. Com�pznsatory mitigation far 3141inear feet af impact to streams is requirz�. We understa�id 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 June 16, 2015 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 Federa1404 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 o�cial 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: (919)-431-3100
A copy of the petition must also be served on DENR as follows:
Mr. Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 21 st day of July 2015
DIVISION OF WATER RESOURCES
� �
S. Jay Zimmerman, irector
Division of Water Resources
WQC No. 3978

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NCDENR �
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
IvCDWR Project No.:
Applicant:
Project IVame: _
Date of Issuance of 401 Water Quality CertiCcation:
County:
Donald 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 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. [t is not
necessary to send certificates from all of these.
Applicant'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.
Signature: Date:
Agent's Certification
[, , 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:
I, , as a duly registered Professional Engineer in the State ofNorth
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: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer