HomeMy WebLinkAbout20130918 Ver 10_Approval Letter_20171208Encirr�nc;�';� ,
Qualrty
December 8, 2017
Mr. Philip S. Harris. 111, P.E.. CPM
Natural Emironmen[ Section Head
Projec� Development and Environmental Analysis
North Carolina Department of Transporta[ion
1598 Mail Service Center
Raleieh. North Carolina, 27699-I i98
ROY COOPER
MICHAF.L 5. REGAN
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LINDA CULPEPPER
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Subjecr. Moditicatiun to ihe 401 Water Quality Certitication Pursuant tu Section 40I of the Federal Clean Wa[er
Act and Jordan Lake Buffer Rules wi�h ADDIi IONAL CONDITIONS for Proposed improvements to
Greensboro Eastern Loop from US 70 Rebcation to SR 3303 (LaH�ndale�, Guilford County; WBS
Element No. 34821. I.5: TIP U-?5358C NCDWR Pn�ject No. ?0130918 V.IO: Certitication Nu. 3978.
Dear Mr. Harris:
Attached here[o is a modification of Cer�ification No. 3978 issued to The North Carolina Department of
Transportation (NCDOT) originall}� da[ed Pebruan� 6. ?OI4 w�ith subsequen[ modifications on the following dates:
June?�l, Octuber Ii, December I I,?01�l; March IS and Jul} 21, 3015; and March I8. August 12, and December
3016. This modification will be Vzrsion 10.
If we can be of further assistance, do not hesitate [o con[act us.
mcerely, �
t',�I (`� ��'��-��'
Lidda Culpepper, Interim Direc[or J
Divisiun of Water Resources
Attachments
Electronir cupy only distribution:
DaviJ 13ailey, US Arni} Corps of Engincers, Raleigh Field O1�tice
Jem Pxrker, Division 7 Em�ironmental Officer
Nicule Thomsun, Division 7 Environmental Ofticer Assistance
Erin Cheely. NC Depanmen[ of Transportation, Project Development and Environmental Analysis Unit
Carla Daenino, NC Department of Transportation, Project Development and Environmental Analysis Unit
Chris Militscher, US Environmen[al Protection Agency (anly for NGPA!Merger projec[s)
Garv Jordan, US Pish and N-'ildlilc Service
Travis W'ilson, NC W'ildlife Resources Commission
Beth Harmon, Division of Mitigation Services
April Norton, NC Division ot� Water Resources Oftice
File Copy
Stnt¢ ol'Nnnh Carnlina I Fm�ironmental Ouuliiy
Ihl7 Mnil ticn�icr Cenlrr � Raleieh. Nunh Carnlin.�'_���'+N-I �+I"/
Modification to the 401 Water Quality Certi�cation 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 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 2.36
acres of jurisdictional wetlands, 1.52 acres of open waters, and 11,461 linear feet of jurisdictional streams in Guilford
County. The project shall be constructed pursuant to the modification dated and received November 14, 2017. The
authorized impacts are as described below:
Stream Im acts in the Ca e Fear River Basin
Permanent Permanent Fill in
Fill in Perennial Stream
U=2525 Intermittent Tempora'ry (linear ft) Temporary Stream
C Section Stream Fill in Fill in Total Stream Impacts
(linear ft) Intermittent Perennial Impact Requiring
Stream Stream (linear ft) Mitigation
Site CulvertBank ���near ft) Culvert StaUiliz tion ���near ft) (linear ft)
Stabilization
1 * * -- -- 41 5 <0.01 46 -
2** -- -- 362 -- -- 362 362
3 * * 61 -- -- -- <0.01 61 -
� 780 .
4 -- -- (568*) � 45 <0.01 � 68*� 780
4A 405 -- -- -- -- 405 --
5 -- <0.01 -- -- -- <0.01 --
6 -- -- -- -- -- -- --
7 -- -- -- -- -- -- --
8 -- -- 489 16 <0.01 505 489
9 342 -- 93 18 -- 453 93
9A -- -- 52 -- -- 52 --
10 -- -- 2,126 <0.01 2,126 2,126
l0A -- -- 283 20 <0.01 303 --
11 * * -- -- -- -- -- � -- --
12** �-- -- 284 24 <0.01 308 308
13 -- -- 791 -- 0.02 791 791
13A -- -- 225 -- <0.01 225 --
13B 225 <0.01 -- -- -- 225 --
14 364/71 -- -- -- -- 435 --
15 -- -- 518 -- 0.01 518 518
15A -- -- 169 -- -- 169 --
16 -- -- -- -- 0.01 0.01 --
17 -- -- 410 26 <0.01 436 410
17A -- -- -- -- <0.01 <0.0 ] --
18 -- ' S51 -- <0.01 551 551
18A 80 <0.01 -- -- -- 80 --
775 815
19 -- -- (183*) 40 0.02 (183*) 775
19A -- -- 61 32 � 0.01 93 --
20 594/30 <0.01 -- -- <0.01 624 --
21 -- -- 632 -- 0.04 632 632
22 -- -- 745 10 <0.01 755 745
23 -- -- 424 19 <0.01 443 424
5,343
Totals 2,172 <0.04 (751*) 0.18 11,461 9,004
*Indicates a loss of functlon
**Previously permitted sites
Total Stream Impact for Modification: l 1,461 linear feet
Wetland Im acts in the Ca e Fear River Basin
Site Fill Excavation Mechanized Clearing Impacts Requiring 1Vlitigation
(ac) (ac) (ac) (ac)
1** 0.03 0.02 0.03 0.08
2** 0.43 0.03 � -- 0.46
4 0.55 0.04 0.02 0.62 -
5 0.16 0.02 -- 0.18
6 0.13 -- 0.03 0.16
7 0.05 -- 0.03 0.08 �
8 0.16 -- 0.01 0.17
9 0.05 -- 0.01 0..07
10 0.08 -- -- 0.08
l0A -- -- <0.01 <0.01
11 * * 0.05 -- 0.03 0.08
15 0.60 0.04 0.03 0.67
16 <0.01 � -- 0.01 0.01
21 0.11 0.05 0.10 0.26
22 0.02 -- -- 0.02
23 0.02 -- 0.01 0.03
2.45 0.20 032 2.96
Total "
**Indicates previously permitted site
Total Wetland Impact for Modification: 2.96 acres.
O en Water Pond Im acts in the Ca e Fear River �asin
Site Permanent Fill in Open Waters Temporary Fill in Open
(ac) Waters (ac)
0
16
Total
U-2525
C Section
Site
1**
Zone 1
Impact
(sq ft)
0.59
0.93
1.52
Total Open Water Impact for Modification: 1.52 acres.
Jordan Lake Ri arian Buffer Im acts
Zone 1
nzi�aus = Zone Buffer �one 2 minus
Wetlands 1 Buffer Mitigation Impact �'�'etlands
in Zone 1 Impacts Required �Sg ft� in Zone 2
(sq ft) (sq ft) (using 3:1 (sq ft)
ratio)
= Zone 2
Buffer
Impacts
(sq ft)
2,848 I 1,079 I 1,799 I - II 1,586 I 418 I 1,168
Total Fill in Open
Waters (ac)
0.59
0.93
1.52
Zone 2 Buffer
Mitigation Required
(sq ft)
(using 1.5:1 ratio)
142 (213)
Totals 2,848 1,079 1,799 - 1,586 418 I 1,168 I 142 (213)
Notes: Project is exempt from Jordan Lake Buffer Rules. New mitigation requirements for modification version 9 arise from
impacts that exist outside of the original project area. **Indicates previously permitted site.
Total Buffer Impact for Modification: 4,434 square feet.
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 and
received November 14, 2017. 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; March 18 and July 21, 2015; and March 18, August 12, and December 19, 2016 still apply except where
superceded 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 Certification and approval letter,
and is thereby responsible for complying with all the conditions. If any additiona] wetland impacts, or stream impacts,
for this project (now or in the future) exceed one acre or 300 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 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 Corps of Engineers Permit.
Condition(s) of Certification:
l. Compensatory mitigation for 9,004 linear feet of impact to streams and 2.96 acres of riverine/riparian wetlands
is required. We understand 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 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. �
2. 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; March 18 and July 21, 2015; and, March
18, August 12, and December 19, 2016 still apply except where superseded by this certification.
3. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless
otherwise approved by this certification (15A NCAC 2B .0267).
4. All riparian buffers impacted by the placement of temporary fill or clearing activities 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 this condition, maintained
buffer areas are defined as areas within the transportation corridor that 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 growing season following completion of construction (15A NCAC 2B
.0267).
5. Pursuant to 15A 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 l, outside ofthe approved project impacts, or anywhere
on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 ofthe buffers ifZone
1 is not compromised and that discharge is released as diffuse flow.
6. Any modifications to this 401 Water Quality Certification that propose additional stream impacts or increased
impervious surface requiring additional stormwater management may be subject the Jordan Lake Water Supply
Nutrient Strategy (15A 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
ofNo Significant Impact or approved in the Avoidance and Minimization stage ofthe project.
7. 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 through
use of the North Carolina Division of Mitigation Services (DMS) (formerly NCEEP). Mitigation for unavoidable
impacts to Jordan Lake Watershed 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 with DMS's Mitigation Banking Instrument signed June 14, 2016.
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 sixry (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 (1) copy of the petition must be filed with the Oftice of Administrative Hearings.
The petition may be fa�ced-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.
T'he mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 431-300Q Facsimile: (9I9) 431-3I00
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, Generel Counsel
Departmen[ of Environmental Qualiry
1601 Mail Service Center
This the 8th day of December 2017
DIVISION OF,yVATER RESOURCES
i�
� ��� ����
Linda Culpepper, l tfi erim Director
WQC No. 3978
�-?
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Ei2 V L i01 Z I72 2Y1 l'Cl �
QLlQilty
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 40l Water Quality Certification:
ROY COOPER
Goverrtor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
l�tte.rnn Directa•
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.
Applicairt's Certification
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 Certificatioir
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:
Engineer's Certification
Partial
Final
Date:
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 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
State ofNorth Carolina � Environmental Quality
1617 Mail Service Center � Raleigh, North Carolina 27699-1617