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Home My WebLink About20140305 Ver 1_Field Modification_20150810Pat McCrory Govemor �� 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.