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Home My WebLink About20140737 Ver 2_Approval Letter_20150522 rim NCD NR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart 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.:_Replace Bridge#34 on SR 1404 Date: 05119/2015 DOT Division:—12—County:_Catawba_DWR Project No,I Permit Type:_0WR#201407371 3381,3891,& 3893 DOT Staff: Trish Beam DWR Staff David Wainwright ACE Staff: DWR Regional Office:—Central Modification Description: An additional 4 feet of temporary impacts(a total of 170 linear feet)are required for dewatering purposes for replacing the bridge with a RCBC. Modification Sketch: UJ J2 �_ A 7111 T .1 LU 2 T IX T'13 .4 1817 It it S,,,,rvice Center,1 alE)iqh Nwil,,(,'ardlina 27(3(59-�M 7 Aao,Emqbylat In-Field Modification Page 2 out of 3 This in-field modification is required for the following reason(s): 0 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: —Contractor has found a more efficient way of replacing the culvert which would be more cost effective and save time. 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 Increase temporary impacts to a total of 1170 linear feet for the purposes of replacing Bridge No.34 over Failing Creek on SR 1404(2Wh Avenue)with a RCBC in_Catawba County. The project shall be constructed as described in the Modification Description and Sketch on Page 1 of this document dated_May 19,2015_.The approved design is that described in the Modification Description and Modification Sketch on Page 1 of this document dated _May 19,2015 .Any further changes to the original Water Quality Certification dated July 15,2014 may require a formal written modification request. The description of the proposed action provides adequate assurance that the proposed action in the —Catawba 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 PI-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 approve[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: 11, 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–July 16,2014 and all other corresponding modification still apply except where superseded by this certification. In-Field Modification page 3 of 3 3. Additional Conditions: Failure to construct the proposed action as described in the Modification Description and Sketch on Page I 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 or stream impacts for this project (now or in the future)exceed one acre or 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, §15013-23 et seg. DWR Staff Signature. Date: DOT Staff Signature: Date* Staff Slgnature: 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.