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2017 (revised and dated July 13. 2017), still apply except where superseded by this revised certification.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