HomeMy WebLinkAbout20110392 Ver 3_Application_20130411* c
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NCDENR
North Carolina De 3
Department of Environment and Natural Resources l
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Division of Water Quality �� W.
Pat McCrory Charles Wakild, P. E. John E. Skvada, III
Governor Director Secretary
North Carolina Division of Water Quality
Transportation Permitting Unit
In -Field Minor 401 Water Quality Certification, Buffer Certification and Isolated Water Permit
Q t Modification (� I
Project Name/ TIP Project No.: `\— � `l1 `) C i Date:
DOT Division: Coun*t: t ul DWQ Project No. / Permit Type: aV a�_
1/
DOT Staff: � (,�( c \e �7 DWQ Staff: Lv'k
ACE Staff: L-Au t� DWQ Regional Office vJ5M
Modification Description:
1
Modification Sketch:
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807 -63001 FAX: 919 -807 -6492
Internet: www.ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
North Carolina
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In -Field Modification
Page 2 of 3
This in -field modification is required for the following reason(s):
❑ The information contained in the application or presented in support thereof is incorrect in the
following manner:
Conditions under which the original certification was issued have changed in the following manner:
This in -field modification is valid only if issued by an authorized agent of the NC Division of Water Quality, Transportation
Permitting Unit. Y
This in -field modification aut gnzes the NCDOT to rI \
- 01 (AP Q alc�_ ar e ;cL ,� . q0a -n7, t - f D.f�� �G) c; �', i ntc AY) r, ,.a., ,JOAPr
in County. The roject shall onstructed as described in the Modification Description and
Sketch on Page 1 of this document dated / %/ I to improve /construct the section of
2-1 2O that extends from to r- The
appr ved design is that described in the modification Description and Modification Sketch on Page 1 of this document dated
`�/ Any further changes to the original Water Quality Certification dated may require a
formal written modification request.
The description of the proposed action provides adequate assurance that the proposed action in the r
River Basin in conjunction with the proposed development will not result in a violation of applicable Wat r 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 or PL 92 -500 and PL 95 -217 if conducted in accordance with the
application and conditions hereinafter set forth. Should your project change, you are required to notify the DWQ'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. 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 Storm Water, Non - discharge and
Water Supply watershed regulations. This Modification Approval shall expire on the same day as the expiration date of the
corresponding Corps of Engineers Permit.
Condition(s) of Modification Approval:
1. As -built drawings of the proposed action shall be submitted to the NC DWQ Transportation Permitting Unit
within 30 -days of the completion of the action.
2. All the authorized ac ivities d conditions of the certification associated with the original Water Quality
Certification dated & & S )b and all other corresponding modifications still apply except where
superseded by this certi ation.
In -Field Modification
Page 3 of 3
3. Additional Conditions:
Failure to construct the proposed action as described in the Modification Description and Sketch on Page 1 of this document
and/or violations of any condition herein set forth may result in revocation of this modification approval and any condition
herein set forth may result in revocation of this modification approval and may result in criminal and/or civil penalties. This
modification approval shall become null and void unless the above conditions are made conditions of the federal 404 and/or
Coastal Area Management Act Permit. If the Corps of Engineers requires a formal written modification to the 404 permit
for the proposed action, the NC DWQ must require a formal written modification to the 401 WQC, and therefore, this
in -field modification is invalid. If additional (wetland, stream, buffer) impacts for this project (now or in the future)
exceed (one acre, 150 linear feet, or one -third of an acre /150 linear feet, respectively), or if mitigation is required above
and beyond the current mitigation requirements for this project, this in -field modification is invalid and a formal written
modification is required.
This in -field modification is effective upon the date the last party signs this document. This in -field modification is made
upon mutual agreement between DOT and
DWQ as indicated by the signatures below and is, therefore, not subject to appeal by either party. Appeals by third parties
must be made within sixty (60) days of notification pursuant to the contested case provisions of the Administrative
Procedure Act, N.C. Gen. Stat. §150B -23 et seq.
DWQ Staff Signature: (/� ASS
I �
Date:
DOT Staff Signature:
Date:
Staff Signature:
Date: �` — / 9 /l -3
— An authorized agent of the Transportation Permitting Unit is defined as DWQ staff that are DOT - funded and review and issue
401 Water Quality Certifications for DOT projects. These staff include Central Office and Regional Office personnel.
STATE OF NORTH CAROLINA
-,--V; J
DEPARTMENT OF TRANSPORTATION
- PAT McCRORY
GOVERNOR
March 19, 2013
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27609
Attention: Mr. Andy Williams
NCDOT Coordinator
ANTHONY J.TATA
SECRETARY
Subject: Request for modification to permanently fill stream adjacent to Lake Brandt in
Guilford County on TIP Number R -2413C , Federal Aid Project No. STPNBT-
NHF- 124 -1(1) State Project No. 6499008T, WBS No. 3 4429. 1. IDivision Seven
USACE Action III No. SAW 2002 -20447
The North Carolina Department of Transportation ( NCDOT) is proposing to widen US' 220 in
Guilford County along the crossing of Lake Brandt and Lake If'iggins. In order to extend the fill
slope to the necessary limits shown on the permitted plans, a small, short stream adjacent to Lake
Brandt will be filled. Permitted plans do not account for impacts to the stream although they
show the right -of -way extending beyond the stream. The impacts are necessary in order to
construct the road to NCDOT standards. The elevated bridge approach across the nearby spillway
has resulted in the need for extended fill slope. The proposed area is located near Site 3 which is
just north of the spillway on US 220 on Plan Sheet 11.
The construction of the fill slope will result_ in 902 square feet (0.02ac) of permanent open water
impacts to a tributary of Lake Brandt. NCDOT no longer proposes to replace the headwall and
flapgate, nor extend the 15 inch culvert that empties into Lake Brandt that are shown on the
plans. Impacts within the-buffer have already been accounted for in the original permit. No
wetland impacts are anticipated during construction.
t e
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