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HomeMy WebLinkAbout20131277 Ver 1_Application_20141112ry NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III 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.: B- 4639 /Bridge No. 17 on 15/401 over Gum Swamp Date: November 12, 2014 DOT Division: 8 County: Scotland DWR Project No. / Permit Type: 20131277 / GC 3891 & 3893 DOT Staff: Art King DWR Staff: David Wainwright ACE Staff: DWR Regional Office: Central Modification Description: Allow approximately 0. 11 acres (4,850 ftZ) of additional hand clearing within NCDOT ROW to aid in temporary movement of power lines for bridge and temporary detour. (Shown in yellow in sketch below). Modification Sketch: Transportation Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919 -807 -63001 FAX: 919 -807 -6492 Internet: www.ncwaterouality.org An Equal Opportunity 1 Affirmative Action Employer O NorthCarolina Naturally 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: X Conditions under which the original certification was issued have changed in the following manner: There was not enough hand cleared area allowed to move the power line poles. Additional area, to be hand cleared, is necessary to temporarily move them to construct the temporary detour. 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 Hand clear an additional area of approximately 0.11 acres (4,850 in Scotland County. The project shall be constructed as described in the Modification Description and Sketch on Page 1 of this document dated November 12, 2014 to replace Bridge No. 17 on US 15/401 over Gum Swamp. The approved design is that described in the Modification Description and Modification Sketch on Page 1 of this document dated November 12, 2014. Any further changes to the original Water Quality Certification dated December 17, 2013 may require a formal written modification request. The description of the proposed action provides adequate assurance that the proposed action in the Lumber 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 December 17, 2013 and all other corresponding modification still apply except where superseded by this certification. 3. Additional Conditions: None In- Field Modification page 3 of 3 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. §15OB -23 et seg. DWR Staff Signature: ILk G Date: /Vi v_,Y, � %1, 7-J" Y DOT Staff Signature: r Date: 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. Wainwright, David From: King, Art C Sent: Friday, November 07, 2014 9:33 AM To: Hair, Sarah E SAW (Sarah.E.Hair @usace.army.mil); Wainwright, David Subject: FW: B- 4639 /bridge17 over Gum Swamp /on 15 -401 Near South Carolina line Attachments: Proposed clearing LREMC.PDF Follow Up Flag: Follow up Flag Status: Flagged David, Liz, Attached is a plan sheet for B -4639 (bridge 17 Scotland) that shows some additional hand clearing in the wetland that is needed to accommodate the relocation of the power line. I have already talked to the contractor about the protocol for hand clearing in the wetland. The proposed area (in yellow) is inside of the right of way, and aligns with the onsite detour clearing that has already been done. Please let me know if you need any additional information. Thanks, Art From: Yow, James D Sent: Thursday, November 06, 2014 11:43 AM To: King, Art C Cc: ken.rowell@lumbeeriver.com Subject: B- 4639 /bridge17 over Gum Swamp /on 15 -401 Near South Carolina line Art, Here is a rough sketch of the clearing needed by REMC, to relocate existing power lines to temporary location. It is not a big area to clear, and as covered in our meeting yesterday- LREMC have been informed hand clearing only in the wetlands and no equipment in the wetlands without matts to remove trees. We do not anticipate any grubbing. Please let us know if there are any other rules. 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