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HomeMy WebLinkAbout20140090 Ver 2_U-2579B Field Modification Project No 20140090v2_20150608From:Wanucha, Dave To:Euliss, Amy Cc:Chapman, Amy; Carpenter,Kristi Subject:U-2579B Field Modification Project No. 20140090v2 Date:Monday, June 08, 2015 11:18:57 AM Attachments:Field Modification_.pdf Hi Amy, Please sign, date and send back for our files. Thanks. Dave W Dave Wanucha NC DENR Winston Salem Region Office NC Division of Water Resources Transportation Permitting Unit 450 W. Hanes Mill Rd, Suite 300 Winston-Salem, NC 27105 Cell (336) 403-5655 Office (336) 776-9703 Dave.Wanucha@ncdenr.gov ----- E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Pat McCrory Gavemor Q�� NCDENR North Carolina Department of Environment and Natural Resources Donald R. van der Vaart Secretary North Carolina Division of Water Resources Transportation Permitting Unit In-Field Minor 401 Water Quality Certification, Buffer Certification and Isolated Water Permit Modi�cation Project Name/ TIP Project No.: U-2579B; Winston Salem Northern Beltway Eastern Section. June 8, 2015 DOT Division: 7. County: Forsyth. DWR Project No. 2014_0090v2; Certification No. 3987 DOT Staff: Amy Euliss; ACE Staff: John Thomas DWR Staff: Dave Wanucha DWR Regional Office: Winston-Salem Regional Office Restoration oftemporary�impactat Sites 3a and 3b. Channel restoration will utilize natural channel design concepts and practices in an effort to enhance channel stability. This will result in shortened channels than those�originally impacted (for both 3a and 3b) but should result in more stable channels. This is allowed without mitigation as long as the channels are monitored and maintained while easements are active or for one year after the channels are constructed (whichever is longer) as per Amy Euliss' letter of April 6, 2015. NCDWR and ACE allowed project to proceed on May 7, 2015. ACE written approval was dated June 2, 2015. Modification Sketch: Electronic Plans were provided on May 22, 2015. 1617 Mail Service Center, Raleigh, Nodh Carolina 27699-1617 Phone: 919-807-630011nternet: www.ncdenr.gov An Equal Oppodunity 1 Affirmative Action Employer 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: Explained above. Conditions under which the original certification was issued have changed in the followingmanner: Explained above. 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 proceed as explained above. The project shall be constructed as described in the Modification Description and Planspreviously submitted. Any furthe� changes to the original Water Quality Certification dated April 11, 2014 may require a formal written modification request. The description of the proposed action provides adequate assurance that the proposed action in the Yadkin 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 notifythe 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 ApprovaC 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 April 22, 2014 and all other corresponding modification still apply except where superseded by this certification. 3. Additional Conditions None. Failure to construct the proposed action as described in the previously submitted plans 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 and stream) 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 In- Field Modification page 3 of 3 isrequired above and beyond the current mitigation requirement for thisproject, this in-field modification is invalid and a formal written modification is required. This in-field modification is effective upon the date the lastparty 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. §150B-23 et sea. DWR Staff Signature.�d � v'� � `� Date: �i � � �� v !j� DOT Staff Signature: Date: Staff Signature: Date: �— An authorized agent of the Transportation Permitting Unit is defined as DWR staff that are DOT-funded and review and issue 40T Water Quality Certification for DOT projects. These staff include Central Office and Regional Office personneL