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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