HomeMy WebLinkAbout20150035 Ver 2_Approval Letter_20150608 NCD�E R
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
North Carolina Division of Water Resources
Transportation Permitting Unit
In-Field Minor 401 Water Quality Certification,Buffer Certification and Isolated Water Permit
Modification
Project Name(TIP Project No.: W-5516–Old Beatty Ford Road relocation Date:^June 8,2015
DOT Division:_9—county: Rowan DWR Project No.If Permit Type: DWR#20154035: 3886 (USACE NW141
DOT Staff: Amy Euliss _DWR Staff: David Wainwri ht
ACE Staff: DWR Regional Office: Mooresville
Modification Description:
Additional 83 linear feet of temporary impact needed for installation of culvert at Site 2.Impact needed to
extend to TOE and not ROW as submitted in application.
Modification Sketch:
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q CULVERT f � EST.85 SY GEOTEXnte
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_ RANK STAIIIULITION
F LANDIS OMCH OF COD
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1 EST.50 T NS CL'IMPROVEMENT AIP
1 EST,15 SY GEOTEXTI EP UP
1617 Mail Service Center,Raleigh,North Carolina 27699-1617
Phone:919-807-63001 Internet:www.rtcdenr.gov
An Equal Opportunity l Affirmative Action Employer
In-Field Modification
Page 2 out of 3
This infield modification is required for the following reason(s):
X The information contained in the application or presented in support thereof is incorrect in the
following manner:
_ The area reaulred to Install culvert at Site 2 needs to extend to TDE and not ROW as
was shown in Initial application.
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 Division of Water Resources,
Transportation Permitting Unit'
This in-field modification authorizes the NCDOT to
To temporarily Impact an additional 83 linear feet Is total of 114 linear feet)at site 2 for the
pur oses of installing the culvert
in Rowan County. The project shall be constructed as described in the Modification
Description and Sketch on Page 1 of this document dated June 8 2045 to relocate the
section of SR 1221 (Old Beatty Ford Road) that extends from SR 1210/SR 1221 to SR 1337
(Lentz Road) .The approved design is that described in the Modification Description and Modification
Sketch on Page 1 of this document dated _ June 8,2015 .Any further changes to the original
Water Quality Certification dated_January 16,2016 may require a formal written modification request.
The description of the proposed action provides adequate assurance that the proposed action in the
Yadkin-PeeDes 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 Section 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 DWR 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 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.
Conditions(s)of Modification Approval:
1. As-built drawings of the proposed action shall be submitted to the NC DWR Transportation
Permitting Unit within 30 days of completion of the action.
2. All the authorized action activities and conditions of the certification associated with the original
Water Quality Certification dated Januall 16,2015 and all other corresponding
modification still apply except where superseded by this certification.
In- Field Modification
page 3 of 3
3. Additional Conditions:
NIA
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, the NC DWR 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 requirement 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 DWR 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, NC Gen. Stat. §150B-23 et M.
DWR Staff Signature:
Date:
DOT Staff Signature:
Date: ZC 4Z
Staff Signature:
Date:
1—An authorized agent of the Transportation Permitting Unit is defined as DWR staff that are DOT-funded and
review and issue 401 Water Quality Certification for DOT projects. These staff include Central Office and Regional
Office personnel.