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HomeMy WebLinkAbout20130918 Ver 10_Greensboro Eastern Loop (U-2525 B & C)_20180816�fIVP7 L�f�l1;t'11IC±1 Quadity December 8. �'(} 17 Mr_ P'hili� S. Harris, [11, �.E.. C�'M Natural f nvir�nn7ent Section E�lead Proj�ct De4elc7pment anci Cnvironn�ental Analysis North Carolii�a tiepartn�ent of'�ransportatian I 59g Mail Ser�-ice Cent�r Ralei�h, North Carolir�a, 27699- I i9$ ROY CC)OP�:R , �. ��,��, MIC'HACL S. REGAN �� � ,�r.n�� d�IN[��4 CULP�PI'ER frr�r � ,,,r 1 �t • , : v� ��� 5ubjecY: Motiitication to t�te �01 Water Qualit� Certiticatior� Pursuant tr� Sectie�n 401 ofthe Federal Clean Water Act and Jorr3an Lake Buffer Rules witli A�DIT[ONAL C�i�lD1TfONS for Proposzd in��rovements to Gre�nsboro Easterr� Laop from US 70 Relocation to SR'3D3 (La+nndale). Guilfdrd Caunty; WBS Element No. 3�}8? I.I.>; T13' U-?5?iBC. 1�lCi3WR Prc�ject No. 2013D918 V.IQ: Certilicatican �Vo. 397$. Dear Mr. Harris: Attactled hereto ns a modificatir�n oFCertifcation TJa. 3978 issuec� tc� The ?'�orth Carolina Departntent of Transportation (NCQOT) oritiinally dated Februarv Cr. 2014 r�ith subsequent niddifcatic�ns on t17e fo[lowin;� dates: June ?�t. Qctc�ber 0 i, December 1 1. ?� �-�; March 18 and Julw ? I. �O l7; an�C R�1arch 1$. Au��ust 1?, �nd E7zcember ?Olfr. 3�his modificatian will be Version 10. If we can be af further assistance. do not hesitaie to c�ntact us. incerely,� C �I/'�,,,,���f � L�.� � . . d� Cu9peppe�, ]nterim Djr�ctor Diuision of �'atzr Res�urces Attachments Electronic copy only distributian: Davicl Bai�ey, 11S Arm}' Ccirps c�f Engi��eers, Raleigh Field C71'f'ice J�rrv Parl:er, Division 7 Environmental Officer Nicolc Thomsan, �Division 7 Envirc�nmenta! Otticer As�istanc� Erin Cheely. NC �epantr�ient t�1�Tr�ns�iortation, Projecc Deve�opment and �nvironmenta9 Analtisis Unit Carla Dagninc�, NC D�partpl3ent c�FTranspor[atian, f'roject �?evelo�ment anc! Gnvirunmcntal r�nalysis Unit Chris Militscher, lJ5 Eitiviruninent�l Protectian As�ency fc�nl_y I-c�r NCPr�'Mer�er proj�cts) Garv doreian. US f=ish and Wilc�litt Service � Travis '4�v'ilson, NC W�Ic�Pite Resp�rces Commission �etli Fiarn�on, Di��isian t�� Mitigati�n Services April �lorton, NC Division of_1h"ater �tcscattrc�s nftice File Capy Stat� ol'Nrinfi Carolui� I Ene�nmmrrnal (}ualII!+ Ihl7 Mf3ll Senicc Ccn{zr i Ralrieh. Ni�rth Carnhn�� ?7h�x+-IF17 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 sixty (60) days of receipt af 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:OQam and S:OOpm, except for official state hotidays. The original and one (1) copy of the petition mast be filed with the Office of Administrati�e 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. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 67 ! 4 Mail Service Center Raleigh, NC 2�699-5714 Tetephone: (919) 431-3000, Facsimiie: (9i9) 43I-3100 A copy of the petition must also be served on DEQ as follows: Mr. Bill F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center This the 8th day of December 2017 DIVISION OF ATER RESOURCES � �/ ' //�/ � ( �� y v� Linda Culpepper, I terim Director � WQC No. 3978 �-? � ;, ` � , i��: <<', `' _ _ . . 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