HomeMy WebLinkAbout20051972 Ver 4_Application_20091217y0e5_l97,
NGDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
North Carolina Division of Water Quality
Transportation Permitting Unit
In-Field Minor 401 Water Quality Certification, Buffer Certification and Isolated Waters
Mo ificatio/n (' J-0-
Project Name/TIP Project No.: ?L?r3 D rrde 4 ?`7 62`a Date: //)7
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DOT Division:/-I County:Wd-Du, r., DWQ Project No./Permit Type: 0S1Q7 2 V. l
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DOT Staff: C ?l-r`s z?UDWQ Staff.
ACE Staff :
Modification Description:
DWQ Regional Office: C
-?7 5e-'c
Modification Sketch:
Transportation and Permitting Unit
1650 Mail Servioe Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX: 919-733-6893
Internet httpJfh2o.ent.state.ncusincwettandsI
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NorthCarolina
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An Equal Opportunity 1 Affirmative Action Employer
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:
I-`
This in-field modification is valid only if issued by an authorized agent of the NC Division of Water Quality,
Transportation Permitting Unit'.
This in-field modification authorizes the N DOT to
41 L41 _Vt-Al t,t- 41af PPe µ;F Sift
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in (Ala kg Du,Ln!!, - County. The project shall be constructed as described in the Modification Description and
Sketch on Page 1 of this document dated (Z. - 7- 2to to improve/construc section of
Dory'sf , that extends from ?C - ` eY?it.,'tlr-(aiPridv (l?q. . The approved
design is that described in the Modification Description and Modification Sketch on Page 1 of this document dated
Z - (7-09. Any further changes to the original Water Quality Certification dated 1-2 -O may require a
formal written modification request.
The description of the proposed action provides adequate assurance that the proposed action in the
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. 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 Stormwater, 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 activities and conditions of the certification associated with the original Water Quality
Certification dated and all other corresponding modifications still apply except where
superceded by this certification.
Conditions under which the original certification was issued have changed in the following
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 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, then 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 c pr 'signs of the Admi trative Procedure Act, N.C. Gen. Stat. § 150B-23 et seq.
DWQ Staff Signature:
Date: (Z - 1 7_ l.
DOT Staff Si
Date: ` 1
Staff Signature:
Date:
i - 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
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE EUGENE A. CONTI, JR.
GOVERNOR SECRETARY
December 17, 2009
NCDENR-D W Q
Transportation Permitting Unit 0 r
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604 v (S
Attention: Rob Ridings C 1 . 2009
NCDOT Coordinator ?h??TrEROU
Subject: Widening of Davis Drive (SR 1613/SR 1999) from Morisville-Carpenter R'ti3d in Wake
County to NC 54 in Durham County. TIP No. U-4026.
Reference: NCDENR-DWQ Project No. 20051972
The North Carolina of Transportation (NCDOT) is currently constructing this project in Durham and
Wake Counties. A stabilization issue has been observed at Station 132+10 Lt- L- (Permit Site No. 3,
Permit Drawing Sheet 10 of 65). This issue is addressed below:
Construction Issue:
A pre-formed scour (PFSH) hole has been constructed at this location. The outer-most edge of
the device is almost directly adjacent to an unnamed tributary to Kit Creek in the Cape Fear
Basin (Jordan Lake Watershed). Runoff from the PFSH has caused formation of a scour on the
streambank of the unnamed tributary. The Department proposes to place appropriate fill material
into the scour and then construct a small, shallow, rip rap-lined Swale that would extend from the
outer-most berm of the PFSH to below the ordinary high water mark on the adjacent unnamed
tributary. This will require the installation of up to 25 linear feet of Class I rip rap on the
streambank. This activity is depicted on the attached sketch.
Jurisdictional Evaluation:
-Placement of the rip rap on the streambank below the ordinary high water mark will result in 25
linear feet of permanent stream impacts.
-Installation of this rip rap will occur on the streambank and will not affect aquatic life.
-Note that the stream has slightly shifted since the permit drawings were originally completed.
The stream currently extends into the NCDOT right-of-way.
-Note that the icon depicting the PFSH is not to scale. Construction of the PFSH per the
dimensions provided in Detail DD extends the outer-most edge of the device to the full extent of
the PDE.
-The project is located in the Cape Fear River Basin (Jordan Watershed). Note that clearing of
vegetation in the PDE was conducted in 2007.
-The proposed action does not involve additional impervious surface or additional runoff.
Division Five -2612 North Duke Street, Durham, North Carolina 27704
Telephone: 919-220-4600 Fax: 919-560-3371
The Department is requesting a tear-sheet modification to cover these impacts. If you have any questions
or need additional information, please contact Mr. Chris Murray at (919) 220-4633.
Sincerely,
J. W. Bowman,
Division Engineer
c: Division 5 file, NCDOT
DETAIL
RIP RAP AT EMBANKMENT
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