HomeMy WebLinkAbout20130223 Ver 4_Approval Letter_20151012North Carolina Department of Environmental Quality
Pat McCrory
Governor
October 12, 2015
Mi•. 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 and Jordan Lake Buffer Rules with ADDITfONAL 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. L2, TIP U2524C and D.
NCDWQ Project No. 20130223 v. 4
Dear Mr. Mellor:
Attached hereto is a modification of Certification No. 3965 issued to The North Carolina Department of
Transportation (NCDOT) originally dated July 2, 2013. This replaces previous issued certifications dated April 15,
2014 and June 25, 2015.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
V ��' `�
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 Thompson, Division 7 Environmental Officer Assistant
Erin Cheely, NC Department of Transportation - ekcheely@ncdot.gov
Colin Mellor, NC Department of Transportation
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
Beth Harmon, Division of Mitigation Services
Dave Wanucha, T�`C 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.nctlenr.gov
An Equal Opportunity 1 Affrmative Action Employer
Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
and Jordan Lake Riparian BUFFER RULES 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 and 15A NCAC 2B .0267. This certification authorizes the NCDOT to impact an additional
37 linear feet of jurisdictional streams in Guilford County. The project shall be constructed pursuant to the
modification dated September 30, 2015. The authorized impacts are as described below:
Stream Im acts in the Ca e Fear River Basin
Permanent Fill in
Perennial Stream Stream
(linear ft) Temporary Fill Total Stream Impacts
Site in Perennial Impact Requiring
Bank Stream (linear ft) (linear ft) Mitigation
Culvert Stabilization (linear ft)
Original approved impacts 688 37 40 765 725
at Site 5
Revised impacts with this 725 0 No change No change No change*
approval at Site 5
Total Stream Impact for Moditication: 37 feet of Kank Stabilization reverts to N'ill.
*Mitigation required by USACE.
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 a�iproval is orily valio for the parpose and desibn tnat you submitted in your moclitied application dated
Septernber 30, 2015. .All the authorized activities aud conditions of ceirti icaiion associated with the original Waier
Quality Certification dated July 2, 2013 and subsequent modifications dated April 15, 2014 and June 25, 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. [f 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 150 linear feet,
respectively, additiona] 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 US Army Corps of Engineers
Permit.
Condition(s) of Certification:
1. None.
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 (l) 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: (919) 431-3000, Facsimile: (919) 431-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This the 12th day of October 20l 5
DIVISION OF VVATER RESOURCES
-� �
_,�
S. Jay Zimmerman, Director
WQC No. 3965
North Carolina Department of Environmental Quality
Pat McCrory
Governor
NCDWR Project No.:
Applicant: _
Project lVame: _
Date of Issuance of 401 Water Quality Certification:
coUnty:
Donald R. van der 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. It is not
necessary to send certificates from all of these.
ApplicanYs 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:
t;g2frt's Certificatio;r
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:
Engineer's Certifreation
Partial Final
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: 919-807-63001 Internet: www.ncdenr.gov
An Equal Opportunity 1 A�rmative Action Employer