HomeMy WebLinkAbout20150035 Ver 2_W-5516 Field Modification DWR 02212017_20170223�-
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ROY COOPER
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MICHAEL S. REGAN
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S. JAY ZIMMERMAN
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North Carolina Division of Water Resources
Transportation Permitting Unit
In-Field Minor 401 Water Quality Certification, Permit 1VIodification
Project Name/ TIP Project No.: W-5516 Date: February 21, 2017
DOT Division: 9 County: Rowa�n County
DOT Staff: Amy Euliss
James Lastinger��
ACE Staff:
Modifcation Description: See next page.
Modification Sketch:
DWR Project No. / Penr�it Type: 20150035
DWR Staff: Dave Wanucha
DWR Regional Offce Winston Salem
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In-Field Modification
Page 2 out of 3
Modification Description:
At Site 7A, convert 32 linear feet of temporary impacts to 32 linear feet of permanent impacts for the purpose of
repair/improvement of existing stream bank instability upstream of culvert inlet. And an additional 20 linear feet of temporary
impacts to dewater during repair work. No additiona� mitigation is required.�G.r
This in-field modification is required for the following reason(s):
Conditions under which the original certification was issued have changed in the following manner:
• Recent storms events contributed to increase stream bank instability upstream of culvert.
This in=field modifica�tion is valid only if issued by an authorized agent of the Division of Water Resources,
Transportation Permitting Unit'�
This in-field rriodification authorizes the NCDOT to make repairs to stream banks as described.
in Rowan County. The project shall be constructed as described in the Modification Description and
Sketch on Page 1 of this document dated February 21, 2017 to improve Site 7a. The approved design is
that described in the Modification Descrip�tion and Modificafiion Sketch on Page 1 and 2 of this document.
Any further changes to the original Water Quality Certification dated January 16, 2015 (revised dates of
January 28, 2015 and June 8, 2015) may require a formal written modi�fication request.
The description of the proposed action provides adequate assurance that the proposed action in the
Yadkin Pee Dee River Basin in conjunction with the proposed development will not result in a viola�tion 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 P�. 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 CerCi�fica�tion 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. All the authorized action activities and conditions of the certification associated with the original
Water Quality Certification as dated above and all other corresponding modifications/revisions still
apply except where superseded by this certification.
Additional Conditions:
None.
Failure to construct the proposed action as described in the Modification Description and Sketch on
Page 1 and 2 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
In- Field Modification
page 3 of 3
WQC, and therefore, this in-field modification is invalid. If additional (wetland, stream, buffer) impacts
for this project (npw or in the future) exceed (one acre, 150 linear feet, or one•third of an acre/750
Iinear 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 sea.
DWR Staff Signature: � ✓ � ��6� �
v
Date: t� G Z� Z �l
DOT Staff Signature: _
Date:
Staff Signature:
Date:
'- An authorized agent of the Transportation Permitting Unit is defined as DWR staff that are DOT-funded and
review and issue 401 Water Quality Certifcation for DOT projects. These stafl include Central Office and Regional
Office personnel.