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HomeMy WebLinkAbout20141169 Ver 5_Approval Letter_201702203• F..nvironmental (�ualrty ROY COOPER cov�� no, MICHAEL S. REGAN Secretmy S. JAY ZIMMERMAN D�,e�ro,� North Carolina Division of Water Resources Transportation Permitting Unit In-Field Minor 401 Water Quality Certification, Buffer CertiCcation and Isolated Water Permit Modification Project Name/ TIP Project No.: Mavsville Bv-pass / R-2574D Date: Februarv 20. 2017 DOT Division: 2 County: Jones DWR Project No. / Permit Type: 20141169 v.5 DOT Staff: Jav Johnson DWR Staff: Garcv Ward ACE Staff; DWR Regional Office: Washinqton Modification of the work trestle design over the Trent R. at Site 4 on R-2514 section D. The new design will remove the f ngers at bents 8 and 9 and continue the work trestle over the Trent Rivec See the plan sheets provided with the modifcation application dated 1/18/17. This in-field modification is required for the following reason(s): ,�'-M11�sYfuMx� (_�:t�rrsX�tars��, .,_. Sfa[e of North Cncolina I Envimnmental Quality IC t7 Mail Service Center � Raleigh, North Carolina 27099-1617 In-Field Modification Page 2 out of 3 ❑ The information contained in the application or presented in support thereof is incorrect in the following manner: � Conditions under which the original certification was issued have changed in the following manner: 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 in Jones County. The project shall be constructed as described in the Modification Description and Sketch on Page 1 of this document dated Februarv 74, 2017 to improve/construct the section of work trestle that extends over the Trent R. at Site 4. The approved design is that described in the Modification Description and Modification Sketch on Page 1 of this document dated 2/14/17. Any further changes to the original Water Quality Certification dated March 2, 2015 may require a formal written modification request. The description of the proposed action provides adequate assurance that the p�oposed action in the Neuse 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 tliat 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 contlitions hereinafter set forth. Should your project cMange, you are required to notify the DWR and submit a new application. If the property is sold, the new ownermust 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 6elow. In addition, you should obtain all otherfederal, state, or.local permits befo�e proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulationa This Modification Approval shall expire on the same day as the expiration tlate of the eorresponding 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 PermittingUnit 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 March2, 2015 and all other corresponding modification still apply except where superseded by this certification. 3. Additional Conditions: In- Field Modification page 3 of 3 Failure to construct the proposed action as described in the Modification Description and Sketch on Page 1 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, stream, buffer) 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 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 tlocument. 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 ofnotification pursuant to the contested case provisions of the Atlministrative Procedure Act, NC Gen. Stat. §150B-23 et seq. DWR Staff Signature: lC/ a"�-�/ ��� bate: �z �2 �� i 7 _ DOT Staff Date: a �a���� v � �� � � Staff Signature: Date: �—An authorized agent ofthe 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.