HomeMy WebLinkAbout20170732 Ver 2_Approval Letter_20180216Environmen fal
QUQ�l�j/
ROY COOPER
Garr,nnr
MICHAEL S. REGAN
.1rc ��erai�r
LINDA CULPEPPER
Guerim Ui��ec�nr
February 16, 2018 (Modification)
Forsyth County
NCD W R Project No_ 20170732v.2
US 421/I-40 Business
TIP Project 0-2827B; G5620A
Pederal Project NHF-0421(5)
WBS 348723.4
APPROVAL o( Modification to 4U1 WATER QUALITY CERTIFICATION with
ADDITIONAL CONDITIONS
Mc Philip S. Harris III
NC Departmen[ of Transportation
Environmental Analyses Unit Head
1020 Birch Ridge Drive
Raleigh, NC 27610
Dear Mr. Harris:
THIS CERTIFICATION is issued in conformiry with the requirements of Section 401 Public Laws 92-500 and
95 ? 17 of the United States and subject to the North Carolina Division of Water Resources (NCDW R) Re�ulations
in I S NCAC 2H .0>OQ This certification authorizes the NCDOT to impact an additional 161 linear feet of
jurisdic[ional stream in Forsyth Counry. The project shall be constructed pursuant to the modification dated January
26, 2018. All the authori'ted activities and conditions associated with the ori�inal Water Quality Certification dated
July I0, 3017 and subsequently revised and dated July 13. 2017, still apply except where superseded by this
certification. The authorized impacts are as described below:
in the Yadkin Pee Dee River
Temporary Fill in permanent Fill in Perennial Stream
Perennial Stream (linear ft) Total Stream
Site linear ft Impact
Dewater Ezcava[ion Culvert Bank Relocation (��near fq
S[abilization
( I � No chtmge in
(2) New impacts
with this aoorov;
- 10 214
- +H 50
- I - I 91 I -
uui uu acu
impacts - ' S1
(J) No chenge in � I96 � - � -
� Totals 196 � 20 � 406 I
Total Stream Impact: 674 Iinear feet. Total new stream impacts: 161
19
��q
R3
91
70
S[ream
Impacts
Requiring
Mitigation
(linear R)
224'
5�"
91*
I 196 I
i2 - 674 355*
near feet. •New mi[iga[ion resulting from modification.
State ol North Carolina I Environmen[al Quahty
1617 Mail Service Center � Ralcigh. North Carolina 27699-1617
Utilit Im acts in the Yadkin Pee Dee River Basin No Utilit Im acts with this Modification
Temporary Fill in Permanent Fill in Perennial
Perennial Stream Stream Total Stream Stream Impacts
Site linear ft linear ft Im act Requiring
p Mitigation
Excavation Sanitary Sewer (��near ft) (��near ft)
1 Ori inal im acts �-A �A 39 -
2 Ori inal im acts - � �-1- -
Totals �A 41� � -
Total Utility Impacts for this Approval: 0.0 linear feet
The project shall be constructed in accordance with your modification dated January 26, 2018. After reviewing your
application, we have decided that these.impacts are covered by General Water Quality Certification Number 4088.
This certification corresponds to General Permit 198200031 issued by the Corps of Engineers. In addition, you
should acquire any other federal, state or local permits before you proceed with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval
will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application. All the authorized activities
and conditions of certification associated with the original Water Quality Certification dated July 10, 2017 and
subsequently revised and dated July 13, 2017, still apply except where superseded by this certification. Should your
project change, you must 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 total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams
(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached
certification(s) and any additional conditions listed below. �
Condition(s) of Certification:
Project Specific Conditions
1. Compensatory mitigation for 355 linear feet of impact to streams 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 January 23, 2018 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. All the authorized activities and conditions of certification associated with the original Water Quality
Certification dated July 10, 2017 and subsequently revised and dated July 13, 2017, still apply except where
superseded by this certification.
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 (1) 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. Bill E Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, piease contact Dave Wanucha at (336)776-9703 or Dave.Wanucha@ncdenr.gov.
Sincerely,
���
L da Culpepp r, Interim Director
Division of Water Resources
Electronic copy only distribution:
Bryan Roden-Reynolds, US Army Corps of Engineers, Charlotte Field Office
Amy Euliss, NCDOT Division 9 Environmental Officer
Colin Mellor, NC Depactrnent of Transportation
Deanna Riffey, NC Depaztment of Transportation
Carla Dagnino, NC Depaztment of Transportation
Chris Militscher, US Environmental Protection Agency
Mazella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
File Copy
Environmenta!
Quafity
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of d01 Water Quality Certification:
Coun[y:
ROY COOPER
�;������,�„�
MICHAEL S. REGAN
.�eo�,�nu�r
LINDA CULPEPPER
lrurrim llirr�lor
Certificate of Completion
Upon completion of all work approved within the 401 Water Quali[y Certification or applicable BulTer Rules, and
any subsequent moditications, the applicant is required [o relum this' certifica[e to the 401 Transportation Permittine
Uni[. North Carolina Division of Water Resources. 1617 Mail Service Center, Ralei�h. NC 27699-1 6 1 7. This form
may be retumed to NCDWR by the applicant, the applicao[�s authorized agent, or the projecl en�ineer. It is not
necessary to send certificares from all ofthese.
ApplicanYs Cerlifica7ioit
I. , hereby s[ate thaL to the best of m}� abili[ies. due care and dilieence
was used in the observation of [he 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 supponine marerials.
Signamre: Da[e:
Agent's CeAification
I, , hereby state ihat, to the best of my abilities. due care and diligence
was used in the observation of the construction such that the consiruction 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 supportine materials.
Si�nature�
Eagii�eer's Certijcaliow
Partial Final
�, , as a duly re,istered Professional Engineer in [he State of North
Carolina, havine been authorized to observe (periodically, weekly, full time) [he construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and dili�ence was used in lhe observation of fhe
construction such that the consvuction 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.
Signamre
Date
Registration No.
State ol North Carohna I Emrtonmrntal Qualin�
1617 Mail Serv�ce Center I Ralzi€h, North Carolinn:76'�-1617