HomeMy WebLinkAbout20170732 Ver 3_Approval Letter_20180522En viruri m e�n tu i
Quality
ROY COOPER
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�71CHAEL S. REGAN
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LINDA CULPEPPER
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NCD W R Project No. ?0170733v. ;
US -121 I-d0 Business
I IP Project U-2827B: G�630A
Federal Project NHF-0d31(5)
W [3S 3d872. ;.�
APPROVAL of MoJification [n a01 W.4TER QUALITY CF.RTIFICATION with
ADDII'IONAL CONDITIONS
Mc Philip S. llarris I11
NC Department of Transpottation
Gnvironmental Analyses Unit Head
10?0 Birch Rid�e Drive
Ralei�h. NC'_7610
Dear Mr. Harris:
THIS CERTIFIC.4TION is issued in conlbrmity ti�ith the reyuirrnients uf Szc�ion 301 Public La���s 92->UO and
9i-? 17 uf thz �ini[rd State� and subject to the North Carolina Divisiun of Water Resources (NCDW R) Re_ulaiions
in I> NCAC ?H .Oi00. This certification authorizes NCDOT to impact an additional I IJ linear leet of jurisdictional
sireams in Fursyth Count�. The p%ject shall be constructed pursuant ro the pennit moditication rzquest dated May
I I. _'018.
All [he au[horized activitics and conditions associated with the ori�inal W'a[er Qualih� Certification dated Julp 10.
?017 (revised and datrd Jul}� 13,'_017); and, second muditication dated Februan� 16.'_OB (revised and dared
Februan�'_7. "_'018), still apply escep� Nhere superseded by this certification. The authorized impacts are as
described below:
Stream Imoacts in ihe Y�adkin Pee Dee Rivcr Basin
Temporary Fill in permanenl Fill in Perennial Stream
Perennial Stream �linear ft)
Site qinear ft)
Dewate� E�caration Culvert �`��� Relocafion
Stabilization
('_) New- iinpacts
with this approv;
Totals
10 � 73 � ;I
10
To[�I Stream
Stream �mpacts
Inlpact Keyuirin�
Mitigation
(linear ft) (lincar fp
I13 73
I I.l 73
New [otal of temporar� and permanent stream impac[s with [his modification: 788 linear feet.
Tht project shall be construc[ed in accordance with your modification dated May I I,'_'018. After revizwin, your
application, wc have decided that these impac[s are covcred by� General Watcr Qualitp Certitication Number a 13>.
This certiticatio� corresponds tu General Ptnnit 198_'00031 iss'ued by the Corps of Lngineers. In addi�ion, you
should acquim anq odier feder�l, state or local permits before you proceed with your project including (but no�
limired to) Sediment and Eros'ion Control. Non-Discharge and W'ater Suppl}' W'atershed re,ula�ions. l�his approval
�cill expire wi[h the accompanying -104 permit.
tilma n(Nnrth Cumlino I Lnvrtonmcntal 0��:�hn
I�� 17 ,UnJ 5; n rc. Crnlcr I �t�lri�h. Vurlh l nrul ma '_7fia9-I �+I �
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 (revised
and dated July 13, 2017); and, second modification dated February 16, 2018, (revised and dated February 27, 2018),
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 condi[ions. If total wetland fills for this project
(now or in the future) exceed one acre, or of total impacu to streams (now or in the future) exceed 300 linear feet,
compensatory mitigation may be required as described in I SA 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) ot Certification:
Project SpeciTic Conditions
Compensatory mitigation for 73 linear feet of impact ro streams is required. We understand that you have
chosen to perfortn 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 May 7, 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.
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 nortnal office hours. The Office of
Administrative Hearings accepts filings Monday [hrough Friday between the hours of 8:OOam and S:OOpm, excep[
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 fa�ced transmission.
The mailing address for the Oftice of Adminisvative Hearings is:
Oftice 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 F. Lane, General Counsel
Deparhnent of Environmental Qualiry
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@ncdencgov.
Sincerely,
� /C�
� Linda Culpepper, 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 Department of Transportation
Deanna Riffey, NC Department of Transportation
Carla Dagnino, NC Department of Transportation
Chris Militscher, US Environmental Protection Agency
Marella Buncick, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
File Copy
En vironm en tc�l
Quality
NCDWR Pro,ject No.: _
Applicant: --
Projec[ Name: _
Date of Issuance of alll Water QuAlil� Certification: _
Countv:
ROY COOPER
r;,„�����n„��
MICHAE.LS.REGAN
`,.,�rr.in�
L,INDA CULPEPPER
b,r,�rui, nh�rr,or
Certifica[e uf Comple[ion
Upon completion of'all work approved wi�hin the d01 W'ater Quality Cenification or applic�ble [3uflir Rules, and
any subsequent modifica�ions. the applicant is required to retum this certilicaie to the �101 Transportation Permit[in_
Uni[. North Carolina Division of Water Resources, 1617 Mail Service Center, Ralei�h, NC, ?7699-1617. This lonn
may be retumed to NCDW R by th� applicant. Ihe applicant's authorized agent. or �hz project engineec It is not
necessan;� to send certificates from all ol [hese.
.4pplirmr!'s Cerfifrcnfini�
I, . hereby state that, to the besi of my abilitirs. due care and dili�ence
�aas used in the observation of �he construction such that �he consvuctiun was o6served to be built within substantial
compliance and intent of die �101 Water Quality Czrtitication and Bufter Rules. the approveJ plans and
specitications, and other supportin�, materials.
Sienature: Date:
A��ei�l's Cerlrficalion
I, . herebq state ihat, to the best uf my abilities, due cam and dili�ence
was used in the ubservation of the cunstruction such ihat the constructiun was obszrved to be buil� within substantial
compliance and intent of the d01 Water Qualit�� Certitication and E3ut7er Rules, the approved plans and
speciticatiuns, and other suppottin, matcrials.
Si�nature:
Engiireer's Cerlificalron
Partial Final
Da�e:
I, . as a duly re,ist�red Professional Fngineer in [he 5[ate of North
Carolina, havin, been authorized to observe (periodicall�. weekly. full time) the construction of the project for the
Permittee hereb}� stare that, to the best of m}� abilities, dur care and diligence was used in the observation oFthe
construction sueh tha[ [he conslruclion was ubservrd tu be built wi[hin substantial compliance and intent of the 401
Water Quality Certilication anJ [3uffer Rules, thc approved plans and specifications, and other supporting malerials.
Si�,nawre
Date
Rcgislration No.
Slatt o(Nurth ('arnlina i ISm ironmcntal I)ualit�
l e l 7 M1luil Scn icc Ccnlcr i Rul: ieh. Nonh C�rol ina _'76YH-1617