HomeMy WebLinkAbout20130223 Ver 7_Approval Letter_20190225ROY COOPER
Governor
MICHAELS.REGAN
se�.era�y
LINDA CULPEPPER
Diret ror
Mr. Philip S. Harris, III, P.E., CPM
Environmental Analysis Unit Head
North Carolina Department of Transporta[ion
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
NORTH CAROLINA
Environmental Quality
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act and Jordan Lake Buffer Rules with ADDITIONAL CONDITIONS for Proposed improvements to the
Greensboro Western Loop from SR 2176 (Bryan BIvdJ to SR 2303 (Lawndale Dr.) in Guilford County,
Federal Aid Project No. STP-NHF-124Q), State Project No. 34820J?, i'IP U-2524CD
NCDWR Project No. 20130223 v. 7
Dear Mr. Harzis:
Attached hereto is a modification of Certification No. 3965 issued to The North Carolina Department of
Transportation (NCDOT) originally dated July 2, 2013.
Please con[act April Norton if further assistance is needed.
Sincerely,
�������`��
Linda ulpepper, Director
Division of Wa[er Resources
Electronic copy only disVibution:
David Bailey, US Army Corps of Engineers, Raleigh Field Office
lerty Parker, Division 7 Environmental Supervisor
Della Moore, Division 7 Assistant (dmoore(a)rkk.com)
Nicole Thomson, Division 7 Assistant (njthomson2(a�ncdot. ov
Erin Cheely, NC Department of Transportation
Carla Dagnino, NC Department of Transportation
April Norton, Division of Water Resources, Central Office
File Copy
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North Carolina Departmen[ of Environmmtal QuaGry I Division of Warer Resources
52 North Salisbury Street I 1617 Mail Service Center I Raleigh. North Carolina 2 76 9 9-1611
919 7079000
Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
and Jordan Lake Buffer Rules with ADDITIONAL COPIDITIONS
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 additiona170 linear
feet of jurisdictional streams in Guilford County. The project shall be constructed pursuant to the modification dated
January 11, 2019 with subsequent information received on January 24, 2019 and February 19, 2019. The authorized
impacts are as described below:
Stream Im acts in the Ca e Fear River Basin
Site Permanent Fill in Stream Total Stream Impacts
(linear ft) Permanent Requiring
Stream 1VIitigation
Culvert Bank Stabilization Impact (linear ft)
(linear ft)
Original approved 1581 -- 1581 No change
impacts at Site 4
Revised impacts with -- 70 1651 --
this approval at Site 4
Total Stream Impact for Modification: 70 LF of Bank Stabilization
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 January
11, 2019 with subsequent information received on January 24, 2019 and February 19, 2019. All the authorized
activities and conditions of certification associated with the original Water Quality Certification dated July 2, 2013
and subsequent modifications dated April 15, 2014, June 25, 2015, July 8, 2016, and July 14, 2016 still apply except
-where superseded'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 additional 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 I SA 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.
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 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 Adminishative
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 O�ce of Administrative Hearings.
The petition may be faxed-providing the original and one copy of the document is received by the Oftice of
Adminisuative 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:
Mc Bill F. Lane, General Counsel
Deparunent of Environmental Quality
1601 Mail Service Center
This the 19th day of February 2019
DIVISION OF WATER RESOURCES
�� �
Lin a Culpepper, Director
WQC No. 3965