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Home My WebLink AboutU-2579AA Sites 3B, 6, and 19 In-Field Mod_2023 05 01 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000 North Carolina Division of Water Resources Transportation Permitting Branch In-Field Minor 401 Water Quality Certification Modification April 27, 2023 Water Quality Certification No. 004131; Project No. 19980260. DWR Staff: Dave Wanucha, Winston Salem Regional Office. Project: Winston Salem Northern Beltway (Eastern Section of Future I-74), from US 311 to I-40; U-2579AA. Permit Sites: Modification request for Sites 3b, 6 and 19 (a new Site). NCDOT Division 9 Staff: Amy Euliss and Matthew Jones USACE Staff: Steve Brumagin and Eric Alsmeyer Modification Description: NCDOT is proposing additional temporary impacts related to two existing permit Sites and one new Site associated with the Borrow Pit area as described below per your requests dated March 24, 2023, and April 25, 2023. Permit Site 3b: The existing impacts at permit Site 3b were for the construction of a temporary detour of High Point Road of which is no longer needed. A bridge was proposed at this location along with bank stabilization impacts along the stream under the bridge. Instead, the contractor has proposed to utilize the area as a temporary crossing. The proposed crossing will consist of eight 24-inch steel culvert pipes 40 feet long. The eight pipes will be stacked two rows high with four pipes in each row. This crossing has been sized for the 2-year storm event which is consistent with NCDOT guidelines for temporary crossings. NCDOT previously permitted 35 feet of permanent bank stabilization and 18 feet of temporary impacts at Site 3b. NCDOT is requesting an additional 17 feet of temporary impacts at this Site. Revised total impacts will be 70 feet at Site 3b. Once work is completed, impacted stream banks will be sloped at 2:1 or flatter, matted with coir fiber matting, and revegetated with native riparian seed mix. Permit Site 6: Additional proposed impacts are 100 feet at this Site. The stream, in its existing location, conflicts with the construction of the bridge piers. Installing the stream crossing will allow for the construction of the bridge piers and will provide better access to the site. It will also minimize the potential for unauthorized impacts to the stream from sedimentation due to the proximity of the pier. The temporary crossing will be a 36-inch pipe, 80 feet long. Due to the meander in the stream, the pipe is shorter than the impacts. Once work is completed, any impacted stream banks will be sloped at 2:1 or flatter, matted with coir fiber matting, and revegetated with native riparian seed mix. New permit Site 19: This new site is associated with the Borrow Pit area which is on NCDOT property and within the study area for the project. The stream is shown on plan sheet 4 of the U-2579AA project, downstream of permit Site 13 on the U-2579AB project. There will be 100 feet of temporary stream impacts to an unnamed tributary (Swaim Creek). The stream will need to be crossed to access the borrow site. A 42-inch by 40 feet steel culvert will be installed in the stream and an additional 70 feet of stream will be impacted for bank stabilization and/or dewatering. Once the borrow site is stabilized, the pipe and any bank stabilization will be removed, and the stream North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000 Page 2 of 5 will be returned to its existing alignment. The banks will be sloped at 2:1, matted with coir fiber matting and revegetated with a native riparian seed mix. Site maps below (Figures 1, 2, 3). Figure 1 (not to scale). New Site 19. North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000 Page 3 of 5 Figure 2 (not to scale). Site 6. Figure 3 (not to scale). Site 3b. North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000 Page 4 of 5 This in-field modification is required for the following reason(s):  The information contained in the application or presented in support thereof is incorrect in the following manner: ______________________________________________________________________________________ ______________________________________________________________________________________ ____________________ Conditions under which the original certification was issued have changed in the following manner:  The modification application revised total temporary impacts from 422 to 639 linear feet. See description and explanations above. This in-field modification authorizes NCDOT to impact South Fork Middle Creek and Swaim Creek in Forsyth County. The project shall be constructed as described in the Modification Description and Figures 1, 2, and 3 above as part of U-2579AA. Any further changes to the original Water Quality Certification dated January 10, 2022 (revision 8) may require a formal written modification request. The description of the proposed action provides adequate assurance that the proposed action in 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 Section 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. Should your project change, you are required to notify the DWR 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 conditions. 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 Modification Approval shall expire on the same day as the expiration date of the correspon ding Corps of Engineers Permit. Conditions(s) of Modification Approval: 1. All the authorized action activities and conditions of the certification associated with the original Water Quality Certification dated November 14, 2017, for WQC004131 and all other corresponding modifications still apply except where superseded by this Certification. 2. Additional Conditions: There are none. Failure to construct the proposed action as described in the Modification Description and Figures 1, 2, and 3 within this document and/or violations of any condition herein set forth may result in revocation of this modification approval and may result in criminal and/or civil penalties. This modification approval shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. If the Corps of Engineers requires a formal written modification to the 404 permit for the proposed action, the NC DWR must require a formal written modification to the 401 WQC, and therefore, this in-field modification is invalid. If additional stream impacts for this project (now or in the future) exceed 300 linear feet or if mitigation is required above and beyond the current mitigation requirement for this project, this in-field modification is invalid and a formal written modification is required. North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000 Page 5 of 5 This in-field modification is effective upon the date the last party signs this document. This in-field modification is made upon mutual agreement between NCDOT and NCDWR as indicated by the signatures below and is, therefore, not subject to appeal by either party. Appeals by third parties must be made within sixty (60) days of notification pursuant to the contested case provisions of the Administrative Procedure Act, NC Gen. Stat. §150B-23 et seq. NCDWR Staff Signature: _________________________________________________ Date: ________________________ NCDOT Staff Signature: __________________________________________________ Date: __________________________ Note: This in-field modification is valid only if issued by an authorized agent of the Division of Water Resources, Transportation Permitti ng Branch. An authorized agent of the Transportation Permitting Branch is defined as DWR staff that are DOT-funded and review/issue 401 Water Quality Certifications for DOT projects. These staff include Central Office and Regional Office personnel. 4/27/2023 05/01/2023