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HomeMy WebLinkAbout20140305 Ver 1_Field Modification_20150810Pat McCrory
Govemor
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NCDENR
North Carolina Department of Environment and Natural Resources
Donald R: van der Vaart
Secretary
North Carolina Division of Water Resourccs
Transportation Permittiog Unit
In-Field Minor 401 Water Quality Certification, Buffer Certification and Isolated Water Permit
Modification
Project Name/ TIP Project No: B-4741 Bridae No. 38 Date:
DOT Division: 9 County: vid on DWR Project No.: 14-0305
DOT Staff:
ACE StaH:
Amv Euliss
John Thomas
DWR Staff:
DWR Regional Office:
August 6. 2015
Dave Wanucha
Winston Salem
An additional 10' of Class I rip rap on the bank of Muddy Creek is needed to stabilize an existing ditchline where it ties into
Muddy Creek. The current ditch has some rock on it already, but iPs likely that it has fallen in from utilily work in the past, rather
than been purposeTully placed on the bank. The dilch was unstable prior to the slart of work. A plan sheet and a picture of the
area are provided in the email. Total permanent bank stabilization impacts on Muddy Creek will go from 60' to 70'.
Modification Sketch:
See electronic file for picture and plen sheet provided by email to NCDWR on July 23, 2015.
1617 Mail Service Center, Raleigh, Nodh Camlina 27699-1617
� � Phone:�919-807-630011ntemel: www.ncdenr.gov
An Equal Oppotlunily 1 AKrmative Aclion Employer
In-Field Modification
Page 2 out of 3
This in-field modification is required for the following reason(s):
❑ The infortnation contained in the application or presented in support thereof is incorrect in the
following manner.
See expla�ation above.
O CondiBons under which the originat ceAificatlon was issued have chenged In the following manner:
See explanatlon above.
This in-fleld modification is valid only if issued by an authorfzed agent of the Division of Water Resources,
Transportation Permitting Unit ��
This in-field modiNcation authorizes the NCDOT to add 10' of additional impact in the form of riprap for
bank stabilization in Davidson County. The project sha11 be constructed as described in the Modiflcation
Deecription of this document dated August B, 2015. The approved design is that deacribed in the
Modiflcation Descriptio� above; and, picture and plan sheet provide by email dated July 23, 2015. Any
further changes to the original Water Quality CertiflCatian dated April 28, 2014 may require a formal
written modification request.
The descripUon of the proposed action provldes adequate asaurance d�at the proposed action in the
Yadkin RiverBasin in conjunotfon with the proposed devebpment will not result in a violaUon of
appiicable Weter Quality 3tandards and discharge guidelines. Therefore, the State of Norq� Garolina
ceRifies that this activlty will not violate the applicable porBons of Sectlon 301, 302, 303, 308, 307 of PL
92500 and PL 95-217 if conduCted in acxordence with the application and conditions he�efnafter set
fortl�. Should your project change, you are required to notify the DWR and submk a new appliCaHon, If
the property is sold, the new owner must be given a copy of this Certification and epproval letter, and is
thereby responsible for complying with all conditfons. For this approval to remaln valid, you are required
to comply with all the conditions Ilsted below. In additlon, you should obtain all other federal, state, or
local permits before proCeeding with your project including (but not limited to) Sedfinent and Erosion
cantrol, Coastal Stortnwater, Non-discharge and Water Supply waterehed regulations. This Modification
Approval shall e�cpire on the seme day as the expiretion date of the Corresponding Corps of Engineera
Permit
CondiGons(s) of Modification ApprovaL•
1. All the authorized action activitlea and conditions of the certificaGon assocfated with the original
Water Quality Certification dated April 28, 2014 and all other corresponding modiflcations still
apply except where superaeded by this certification.
2. Additional Co�ditions: None.
Fallure to construct the proposed action as described in the ModifiCaGon DesCription on Page 7 of this
document and/orviolations of any wnditfon herein set forlh may result in revocation of this modficetion
approval and may result in criminal andlor civfl penalties. This modiflCatlon approval shall become nuil
and void uniess the above conditions are made conditions of the Federal 404 andlor Coastal Area
Management Act Permit. If the Corps of Engineers requirea a formal written modNication to the 404 permit
for the proposed eCtfon, the NC DWR must require a formel wriBen modificaGon to the 401 WQC, and
therefore, this in-field modificadon is invalid. If additional (weUand, stream, buffer) impacts for this
project (now or in the future) exceed (one acre, 150 Ilnear feet, or one-third of an aCre/760 Ilnear feet,
respectively), or iF mitigetion is required above and beyond the curreMmiUgation requfrement for this
project, this in-field modification is invalid and a formal written modificatlon is required.
In- Field ModiScation
page 3 of 3
This in-field modification is effective upon the date the last party signs this document. This in-field
modlfiCation is made upon mutual agreement belween DOT and DWR as indicated by the signatures
below a�d is, therefore, not subject to appeal by either party. Appeals by third partles must be made
within afxty (80) days of notificatlon pursuant to the contested case provisions of the Administrative
ProCedure Act, NC Gen. Stat. §150B-23 et sea•
DWR Staff Signature: —z-`� �
Date: Q- J n - �S—
DOT Staff
oate:
�—An authorized agent of the Transportation Permitting Unit is defined as DWR stalFthat are DOT-fundad and
revfaw and issue 401 Water Qualily Certification far DOT projects. These staff includes Cerdral Offrce and Regional
Offica personnel.