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HomeMy WebLinkAbout20140090 Ver 3_Field Mod 20140090_20151106 Carpenter,Kristi From:Wanucha, Dave Sent:Friday, November 06, 2015 11:20 AM To:Carpenter,Kristi Subject:Field Mod 20140090 Attachments:Oct Field_Mod_signed.pdf Hi Kristi, I sent this to Amy Euliss in Div 9 already. It just needs to be filed in LF and then whatever you do to BIMs to render it issued. Thanks. Dave W. Dave Wanucha Division of Water Resources Transportation Permitting Unit NC Department of Environmental Quality 336-776-9703 office 336-403-5655 mobile Dave.Wanucha@ncdenr.gov NC DEQ Winston Salem Regional Office 450 West Hanes Mill Road, Suite 300 Winston Salem, NC 27105 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 . !� - �at �vicGr�,ry i�C}Y�iCICi �tUl���Ci �, �fuil C��'�" `i�i��i� �°CI'�.'��t'� North Caroiina Divisian c�f Wafer R�sources Transportatior� Permitting Unit In-F'ield Minor 401 '�Vater Quality Cert�cation,l3uffer Cert�ifica�ion and Isolated Water Permit Modi�cation F'roject Namef TIP Praject hlo.: U-257g6 DdT DtViSi011: 9 D07 5taff: Amy Euliss ACE Staff: John Thomas Madification County: Forsyth C�8t8: �GtObf3f ��, �OY �J DWR Project �io. ! Permit Type: 14_00943 QWfi Staff: Dave Wanucha i7WR Fiegional Office: Winston Salem Originai request dated 10/26/2015: DOT needed ta instalt a French drain from the spread footing to Smith Creek in order to remove the water fram � spring tha# popped up during construction. This woufd rasuft in La7t 0' of temparary impacts to Srrsith Creek in an asea where they are �ot permitted to work. This is needed #or long term structural stability of the bridge. The area wilE be stabilized after the French drain installation: �ed line aR the plans a�d #he struciure pfans are in the sfectroNc fiie. Subsequerrt revisiflns on 10127/2015: it would take 6�0', not i 00', to rnake up the falf required fo outlet the spring to #he creek at the proper elevatinn. DQT wilt no longer need the temporary impacts #o the bank of Smith Creek. instead, D�T will put a tem�rary French drain to temporari(y remove the water, and then fill the spring site around the spread footing with cor�erete. Finai revised modific�tion needed an 10/28/2b15: pOT now only needs the <0.01 aeres far ihe work far fil! reEated #c� open water impacts (spring} because ACE staff are ctaiming the spring as jurisdictionai. Modificaiion Ske#ch. Pians are in the electronic fite. This in-field mod€ication is required for the fr�](awing reasnn{s}. The in€ormatinn contained in #he applfcatian or preser�ted in supp�rt thereof is incarrect ir� the follawing manner: 4C`�` r,AC"'•,� �::.., r c..,k.`'�C €;�:G`i � t..i"?�: G 31.t%r:3 Gi �.., .. ��.it"{w..,.�r �Ji� 7�.s'"i `��. t�i � �F�;rn +y �C�..r'�;(�li.'�jzn�. �,. , _ ,v � .. z : ._. 3,y�� In-Field Mc�difzcatian Page 2 out of 3 Conditions under which the originaf certification was issued have changed in the following rnanner: Explained above. This in-fieid madification [s vaC3d an(y if issued by ar� authorized agent of the I7ivision of Water Resourcesx 7ransportati�n Permitting Unit'� This in-field modi#ication authorizes the NGD�T in Fili <{}.Oi acres of open water impacts as described above in Farsyth Cnunty. The project sha0 be constructed as descr'st�ed i� the Modification Desc�iptit�n above of this dgcumenf dated 4ctober 29, 20i 5 io improve Struc#u�re 1 f� Bent 2 at Station 628a-65.5�. Any further changes to the orxginai Water Quality Certification cSated January 21, 20i4 may require a#ormal written rr�adificatian request. The descripfion oi the proposed actic�n provides adequate assurance that the pro{�osed action in the Yadkin River Basin in conjunctian with tfie propc�sed development will n+�t resutt in a vio�ation o# applicabie Water Quality Standards and discharge guldelines. Therefc�re, the State o� North Carolina certities #hat th�s activ�ty wiil not vioEate the appiicabfe portions of 5ection 301, 302, 303, 346, 307 af PL 92-500 and PL 35-2t7 if conducted in accordance with the application and canditions hereinafter set forth. Shoufd your project change, yau are required to notify the D1NR �nd submit a new applica#ion. tf #he property is sr�ld, the new owner must be given a copy of ti�is Certificaiion and approval letter, and is thereby responsible for cam�lyir�g wi#h atl conditions. For this app�oval to remain valid, yau are required to comply with ali the conditions iESted below. ln additiern, you shc�ulc# obtain all other federal, state, or lacai permits before praceed6ng wi#h your project including (but not t'rmited to} 5e�iiment and Erasion control, Coastal Stormwater, Nan-discharge and Water Supply watershed regulations. Th'ss Modificaiian Approval shail expire on the same day as the expiratian date af the corr$spanding Corps c�# Engineers Percrtit. Cc�ndit+ons{s) o# Mndiiicatit�n Approval: 1. AI# the authorized actian activities and conciitians of the certification assc�ciated with the original Water quaiity Certificatian dated January 21, 2014 and all oiher correspc�nding m�dification still appiy except where su#�rseded by this certification. 2. Additiona! Canditions. tdotify DWR siaff when the �mpac# �associated with this madifieatian is complete, Fa+lure ta canstruct the proposed action as descrit�ed in the Mad'rficatian Description on Page 1 of this docurnent and/or violatic�ns nf any canditior� herein set forth may resutt in revocatir�n of this motfification approvai and may resul# in criminal andlor civil penalti�s. This modification approval shali �ecame nu16 and void unless the above conditions are made conditions of the Federal 4fl4 and/or Caastal Area Management Act Perr�it. 1f the Corps of Eng"sneers requires a farrnal written modif�ca#ion to the �(?4 permit for the proposed action, the NC DWR must require a formal written tnodification to ihe 4Ei1 WQC, and #herefore, this in-field modification is invaiid. ii additsvnal {wetland, strear�n, buffer) impacts for this praject (now or in the future} exceed {one acre, �501inear feet, ar one-third of an acre/1�{i linear teet, respectivety), or i# m�tigat�on is required above and beyond the current mitigation requirement for ihis project, #his in fielc� modificatian is invalid and a formai written mc�iificatinn is required. Ia- Field Modificatian page 3 of 3 This in-field modification is effective upon the c!a#e the last party signs this document. This in-field modifiic�tion is made upon mutual agreement betuveen Dt?T and [3WR as indicated by the signatures beEow and is, therefore, not subjeci ta appeal by either party. Appeals by third parties rnus# be made within sixty (60} days of notiiication pursuant to the contested case provisions of the Administrative Procedure Act, NC Gen. Stat. §i50B-23 et sea. DWR Staff Signature Date: f 1 "'� �'�`� D07 Staff Signature., Q���: l �� � �� Staif Signature: Date: � � '— An authorized agen4 of the Transportatian Pesm'stting Unit is d�fined as DW Fi staff that are DOT-funded and review and issue 401 Water Quaiity Cer6#icatian for DaT projects. These staff include Central Office and Regianaf Office personne(.