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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.
Thanks,
Jamie
Note: Mailing address has changed to 902 N Sandhills Blvd.
JD(Jamie) Yow
Division 8 Utility Coordinator
jdyow @ncdot.Rov
902 N Sandhills Blvd.
Aberdeen, NC 28315
910 - 944 -2344
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