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HomeMy WebLinkAbout20140090 Ver 3_Site 11A DWR permit mod_signed_August_20170808f. ROY COOPER Gnvernor MICHAELS.REGAN SeCre(nry Environmental S. JAY ZIMMERMAN Qt(l7litY Overrnr Narth Carolina Division of Watcr Resuurces 'Pransporf�tion Permitting Unit In-Ticld Minor 401 �Vater Quality Certification Modification Project Name/ TIP Project No.: U-2579B Winston Salem Beltway Eastem Section Date: August S, 2017 DOT Division: 9 County: Forsyth DWR Prqec� Number; Permit Type: 20140090; WQC 3987 DOT Staff: Amy Euliss ACE StafC James Lastinger Modification Description: DWR Staft: Dave Wanucha DWR Regional Office: Winston Salem At Site 11 A, DOT determined that permanent bank stabilization was needed to improve existing upstream, unstable stream banks. On August 2, 2017, DOT requested that 32 feet of temporary impacts be converted to permanent impacts. � `-"Nothhig Compares` --._ Sl�ir af \orlPi Cuntina I Em�ironmrntal Qualily 1617 A7ail Serrvire Ccn�cr I Ralcigh, Aoilh Carolina 27649-1617 In-Field Modification Page 2 out 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 �he original certification was issued have changed in the following manner: It was determined that upstream of Site 11 A, stream banks needed to be stabilized to prevent further erosion. 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: Convert 32 linear feet of temqorarv impacts to permanent bank stabilization imqacts at Site 11A in Forsvth Countv. The project shall be constructed as described in the Modificaiion Description and Sketch on Page 1, and email request dated August 2, 2017. 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 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. All the authorized action activities and conditions of the certification associated with the original Water Quality Certification dated April 11, 2014 and all other corresponding modifications still apply except where superseded by this certification. 2. Additional Conditions: There are none. In- Field Modification page 3 of 3 Failure to construct the proposed action as requested and approved, and/or violations of any condition herein set forth may result in revocaiion 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 or stream impacts for this project (now or in the future) exceed one acre or 300 linear feet or if mitigation is required above and beyond the current mitigation requirement for this project, this in-field modification is invalid and a formal writien 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. §1506-23 et sea. DWR Staff Signature: �GiV�G�,7 HIGtNGlG�1Gi Date: DOT: Date:�h�� � I � '- 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.