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.
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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.