20130918 Ver 9_Approval Letter_20161220

Environmenta(
Quality
Mc Philip S. Harris, III, P.E., CPM
Namral Environment Section Head
Projec[ Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Cen[er
Raleigh, North Carolina. 27699-1598
PAT MCCRORY
i�Ob2Ol0[
DONALD R. VAN DER VAART
Secretan
JAY ZIMMERMAN
uv,�H o�«���,�
December20,2016
Subjecr. Modification to the 401 Water Quality Certification Pursuant to Sec[ion 401 of the Federal Clean Water
Act and Jordan Lake BUFFER RULES with ADDITIONAL CONDITIONS for Proposed Greensboro
Eastem Loop from US 70 Relocation to SR 2303 (Lawndale Drive) in Guilford County; WBS Elemen[
No. 34821.1.1; TIP U-25256C. NCDWR Project No. 20130918 v.9; Certification No. 3978.
Dear Mr. Harris:
Attached hereto is a modification of Certification No. 3978 issued [o The North Carolina Department of
Transportation (NCDOT) originalty dated February 6, 2014 with subsequent modifications on the following dates:
June 24, October I5, December I I. ?014: March 18 and Juty 21. 2015; and, March 18 and August 12, 2016. This
modification will be version 9.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
���%��L��
y Zimmerman, Director
Division of Water Resources
Attachments
Electronic copy only distribution:
� Dave Bailey, US Artny Corps of E�gineers, Raleigh Field Office
Jerry Parker, Division 7 Environmental Ofticer
Erin Cheely, NCDOT PDEA (ekcheely!d;ncdot.gov)
Nicole Thomson, NCDOT Division 7, Environmen[al Assistant
Rodger Rochelle, NC Department of l'ransportation
Colin Mellor, NC Department of Transportation
Carla Dagnino. NC Departmen[ of Transportation
Dc Cynthia Van Der Wiele, US Environmental Pro[ection Agency
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resowces Commission
Beth Harmon, Division of Mitigation Services
Dave Wanucha, NC Division of Water Resources Winston Salem Regional Office
File Copy
- `Y'Nothing Compares =. ,
State of North Carolina I Emimnmental Qualiry'
161 I Mail Servlce Center I Raleigh. North Carollnz 27699-Ifil I
�)IV-7U7-40p0

Modif cation to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
and Jordan Lake Watershed BUFFER RULES with ADDITIONAL CONDITIONS
THIS CERTIFICATION is issued in conformity with [he requ'uemen[s of Sec[ion 401 Public Laws 92-500 and
95-217 ofthe United States and subject ro the North Carolina Division of Water Resources (NCDWR) Regulations
in 15 NCAC 2H .0500 and i5A NCAC 2B .0267. This certification authorizes the NCDOT to impact an additional
0.54 acres of jurisdictional wetlands, 484 linear feet of jurisdictiona] streams and 4,434 squaze feet of protected
riparian buffers in Guilford County. The project shall be constructed pursuant to the modification dated received
November 28, 2016. The authorized impacts are as described below:
Stream Im acts in the Ca �e Fear River Basin
U-2525
C Section
Site
1
2
3
Totals
Permanent
Fill in
Intermitten[
Stream
(linear ft)
Culvert
Permanent Fill in
Temporary Perennial Stream Temporary
Fill in (linear ft) Fill in
Intermittent Perennial
Stream Bank Stream
(linear ft) Culvert Stabilization ���near ft)
61 10
61 10
�m Impact for Mod
Wetland
U-2525
C Section Fill
(ac)
Site
41 5
362 (Fill) -
408
4841inear feet
in the
Excavation
(ac)
Ca e Fear River Basin ri
Mechanized Hand
Clearing Clearing
(ac) (ac)
1 0.03 0.02 0.03
2 0.43 0.03 -
Totals 0.46 0.05 0.03
No[es: For Si[e 2, 0.15 acres were originally permitted as mechani:
Total Wetland Impact for Modification: 0.54 acres.
f.
5
Total
Wetland
Impact (ac)
0.08
0.46
0.54
U-2525B
Stream
Total Stream Impacts
Impact Requiring
(linear ft) Mitigation
(linear ft)
51 -
362 362
71 -
484 362
Wetland Impacts
Requiring
Mitigation
(ac)
0.08
0.46
0.54
Zone 1 Zone 2
minus = Zane Buffer minus = Zone 2 Buffer
U-2525 Zone 1 �yetlands 1 Buffer Mitigation Zone 2 �yetlands Buffer Mitigation
C Section Impact Impact Required
Site (sq ft) �n Zone 1 Impacts Required �sq Ct) �n Zone 2 Impacts �sq ft)
(sq ft) (sq ft) (using 3:1 (sq ft) (sq ft) (using 1.5:1
ratio)
ratio)
1 2,848 1,079 1,799 - 1,586 418 1,168 142(213)
Totals 2,848 1,079 1,799 - 1,586 418 1,168 142 (213)
Notes: Project was exempt from Jordan Lake Buffer Rules. New mitiga[ion requirements for this modification arise from
impacts that exist outside of the original project area.
Total Buffer [mpact for Modification: 4,434 square feet.

The application provides adequate assurance that the dischazge of fill material in[o the wa[ers of the Cape Feaz River
Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standazds and discharge guidelines. Therefore, the State of NoRh Carolina ceRifies 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.
Tliis approval is only valid for the purpose and design that you submitted in your modified application dated
received November 28, 2016. All the authorized ac[ivities and conditions of certification associated with the
original Water Quality Certification dated February 6, 2014 with subsequent modifications on June 24, October 15,
December 11, 2014; March 18 and July 21, 2015; and, March 18 and August 12, 2016, still apply except where
superseded by this certification. Should your project change, you are requ'ved to notify the NCDWR 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 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 I SA NCAC 2B .0267. For this approval to remain
valid, you aze required to comply with all the conditions listed below. In addition, you should obtain all other
federal, state or local permiks before proceeding with your project including (bu[ not limited to) Sediment and
Erosion control, Coas[al Stormwater, Non-dischazge and Water Supply watershed regularions. This CeRification
shall expire on the same day as the expiration date of the conesponding Corps of Engineers Permit.
Condition(s) of Certification:
1. This modification is applicable only to the additional proposed activities. All the authorized activities and
conditions of certification associated with the original Water Quality Certification dated February 6, 2014 with
subsequent modifications on June 24, October 15, December 11, 2014; Mazch 18 and July 21, 2015; and, March
18 and August 12, 2016, still apply except where superseded by this certification.
2. Al] stormwater runoff shall be directed as sheetflow through s[ream buffers at non-erosive velocities, unless
otherwise approved by this certification (15A NCAC 2B .0267).
3. All riparian buffers impacted by the placement of temporary fill or clearing activi[ies shall be restored to the
preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody
species by the end of the growing season following completion of construction. For the purpose of this
condition, maintained buffer areas are defined as areas within [he transportation corridor tha[ will be subject to
regular NCDOT maintenance activities including mowing. The area with non-maintained buffers shall be
permanently revegetated with native woody species before the next gowing season following completion of
construction (15A NCAC 2B .0267).
4. Pursuant to I SA NCAC 2B .0267, sediment and erosion control devices shall not be placed in Zone 1 of any
Jordan Lake Watershed Riparian Buffer without prior approval by the NCDWR. At this time, the NCDWR has
approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere
on this projec[. Moreover, sediment and erosion control devices shall be allowed in Zone 2 ofthe buffers
provided that Zone 1 is not compromised and that dischazge is released as diffuse flow.
5. Any modifications to this 401 Water Quality Certification that propose additional siream impacts or increased
impervious surface requiring additional stormwater management may be subject the Jordan Lake Water Supply
Nutrient Stra[egy ( I SA NCACO2B .0267). The NCDOT shall coordinate with the NCDWR prior to submitting
a modification request to determine the applicability of the Jordan Water Supply Nutrient Strategy. This
condition does not apply to major modifications for additional sections of the project that were covered under
the Finding of No Significant Impact or approved in the Avoidance and Minimization stage of the project.
6. Compensatory mitigation for impacts to 142 square feet of protected riparian buffers in Zone 2 shall be
required. We understand that you have chosen to perform compensatory mitigation for impacts to protected
buffers tluough use of the North Cazolina Division of Mitigation Services (DMS) (formerty NCEEP).
Mitigation for unavoidable impacts to Jordan Lake Wa[ershed Riparian Buffers shall be provided in the Cape
Fear River Basin and done in accordance with 15A NCAC .02B .0295. The DMS has indicated in a letter dated
November 18, 2016 that they will assume responsibility for satisfying the compensatory mitigation
requirements for the above-referenced project, in accordance wi[h DMS's Mitigation Banking Instrument
signed June 14, 2016.

7. Compeusatory mitigation for 362 linear feet of impact to streams and 0.54 acres of riverine/riparian wetlands is
required. We understand that you have chosen to perform compensatory mitigation for impacts to streams
ttvough the North Carolina Divisian 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 November 18, 2016
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 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 eny 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 AdminisVative Hearings during normal office hours. 7'he 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 dceument 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) 43]-3000, Facsimile: [phone]
A copy of t6e petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department af Environmental Quality
1601 Mail Service Center
This the 20th day of December 2016
DNISION OF WATER RESOURCES
� ��'`��% �_� r
S. Jay Z�mmemian, Director J
WQC No. 3978

Environntental
Quality
NCDWR Projeet No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
PAT MCCRORY
aocemo�
DONALD R. VAN DER VAART
scaclnrv
JAY ZIMMERMAN
ow k n�«a���
Certificate of Completion
Upon completion ofall work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequen[ modifications, the applican[ is required ro return this certificate to the 401 Transportation Permitting
Unit. North Carolina Division of Warer 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 projec[ engineer. It is not
necessary to send certificates from all of these.
Applicmu's Certificatinn
I, , 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:
AgenYs CerlifieaJion
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such [hat the consVuction was observed ro be buil[ within sobs[antial
compliance and inten[ of [he 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signatwe: Date:
Engineer's Ceitifrcation
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 projec[ for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
wnstruction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Qualiry Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Registration No.
-' �'Notiiing Compares =- �
Stare ofNorth Camlina I F.nvironmentai Qualiry
I61 I Mxil Service Cen[er � Raleigh, Nonh Carolina 276�-161 I
919-7U7 �101ui
Date