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HomeMy WebLinkAbout20170732 Ver 2_Approval Letter_20180227Environmentu( QUality ROY COOPER Gm rrnor MICHAEL S. REGAN bbc,-e�m�r LINDA CULPEPPER [nrei�im Ulrecmr February 27, 2018 Rei�rsion Forsyth County NCDWR Project No. 20170732v.2 US 42 Vl-40 Business TIP Project U-2827B: G5620A Federal Project NHF-0421(5) WBS 348723.4 APPROVAL of Modification to 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Philip S. Harris III NC Department of Transportation Environmental Analyses Unit Head 1020 Birch Rid�e Drive Raleigh, NC 27610 Dear Mc Harris: THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 ofthe United States and subject to the North Carolina Division oT Water Resources (NCDWR) Regulations in I? NCAC 2H .0500. This certitica[ion au[horizes [he NCDOT ro impact an additional I 19 linear feet of jurisdictional streams in Forsyth County. The project shall be constructed pursuant ro the permit modification request dated January 26, 2018: approved and dated February 16. 2018, and herelo revised. Minor revisrons were nmde m s�reurn inrpacr dalu and mirigatron tatuLs. All the authorized activities and conditions associated with the original Water Quality Certification dated July I0, 2017 (revised and dated July 13. 2017), still apply except where superseded by this revised certification. The authorized impacts are as described below: Stream Im ac[s in [he Yadkin Pee Dee River Basin Tempurary Fill in Permanent Fill in Perennial Stream Stream Perennial S[ream To[al Stream Impacts Site linenr ft (linear ft) Impac[ Reyuiring Dewater Ezcava[ion Culvert Bank Relocation (linear fry Mitigation Stabilization (linear ft) (I) No changein �� 214 _ _ ?Za ���� ori inal im acts �2 Ori inal im acis - 19 �0 33 50 50* (ZI New impacts - - 124 - - 123 124• wi[h this a roval 3) Ori inal im acts 10 - 42 10 (31 N�w impacts _ . 51 19 - 70 - with this a roval (41 No change in 196 - - - - 196 - ori � inal im acts Tomis 196 20 4J9 19 674 388* Ibtal Stream lmpach 674 hnear �eeL I otnl new strcam �mpacts: I 19 hnenr leet. 'New mrt�gaLon reswung trom momncauon. Slate ofNorth Carolina I F.nvimnmental Quality 1617 Maii Service Center I Raleigh. North Caroima 2 7699-16 1 7 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 Impact Requiring (linear ft) Mitigation Excavation Sanitary Sewer (linear ft) 1 Ori inal im acts �A �A 3A - 2 Ori inal im acts - �-1- � - Totals �19 4� � - 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 Certifcation 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 3001inear 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 attacheii certification(s) and any additional conditions listed below. Condition(s) of Certification: Project Specific Conditions 1. Compensatory mitigation for 388 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 Certiiication 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) 431-300Q Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Bill F. Lane, General Counsel Deparhnent 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, please contact Dave Wanucha at (336)776-9703 or Dave. Wanucha@ncdenr.gov. Sincerely, J �,�.-f��a4 Linda Culpepper, Interim Director Division of Water Resources Electronic copy only distribution: Bryan Roden-Reynolds, US Army Corps of Engineers, Charlotte Field Office James Lastinger, US Army Corps of Engineers, Raleigh Field Office Amy Euliss, NCDOT Division 9 Environmental Officer Colin Mellor, NC Department of Transportation Deanna Riffey, NC Departrnent of Transportation Carla Dagnino, NC Department of Transportation Chris Militscher, US Endvonmental Protection Agency Marella Buncick, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission Beth Harmon, Division of Mitigation Services File Copy Environmenta( QUQiliy NCDWR Project No.: Applican[: Project IYame: Date of Issuance of 401 Water Quality Certification: County: ROY COOPER c�» �«�,��� MICHAEL S. REGAN cr�,��-n,��� LINDA CULPEPPER Guzrrur Direclul' Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable I�uffer Rules, and any subsequen[ moditications, the applican[ is required to retum this certitica[e to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Ralei�h, NC. 27G99-1617. This form may be returned [o NCDWR by [he applicant. [he applicant's au[horized aeent, or the projec[ engineer. I[ is no[ necessary to send certifica[es from all of these. ApplicmeYs Certificalion I, , hereby state that, to the best of my abilities, due care and diligence was used in the observa[ion of the construction such [hat [he construction was observed to be built wi[hin subs[antial compliance and intent of the 401 Warer Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agen�'s Cerlifica(ion I, , hereby state Iha[, to [he best of my abilities, due care and dilieence was used in [he observation of [he cons[ruction such that the construction was observed [o be built within substan[ial compliance and intent of the 401 Wa[er Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signamre: Date: Engineer'x Cerlifico�ion Partial Einal I, , as a duly registered Professional En�ineer in [he State of North Carolina, having been authorized to observe (periodically. weekly, full time) the construction of the project for the Pertnittee hereby s[ate [hat, ro the best of my abili[ies, due care and diligence was used in the o6servation ofthe construction such that the construction was observed to be built within substantial compliance and intent ofthe 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Re�istration No. $tate ol North Carolina I Emirnnmental Quality 1617 Mail Service Center I�lei�.h. Nonh Carohna 27699-1617