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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 aKe ? DOT Division:/-I County:Wd-Du, r., DWQ Project No./Permit Type: 0S1Q7 2 V. l D ?i r?ll oJ? 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 Oq . One NorthCarolina Natura!!Y 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 orv?f 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 ( Not to Scale) - 2' Min Ditch Grade Filter Fabric j I' Type of Liner= 15iIto"F" oblic 25 lRip-Rapt' M O Z I-- W Z W N 0 O 0 M P- ,Q 2GI s CFS 50LF OF CHANNEL IMPROVEMENT SEE INLET CHANNEL DETAIL U 5 S \ , r PDE CLASS '1' RIP I 10 LF ART BAN EST. 18 TONS EST. 32 SY Ff REMOVE EXISTING WINGWALL TIE PROP. W1NGW TO EXISTING EN W F CA- lol- F 2CA in _ F541 'F