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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 �..�mo,�m�. Q�� i 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