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HomeMy WebLinkAbout20150035 Ver 3_W-5516 Field Mod_signed 02212017_20170224;'�, �; . Environmental Quality ROY COOPER c�,�e,�„v,� MICHAEL S. REGAN Secretaiy S. JAY ZIMMERMAN Drr•ector North Carolina Division of Water Resources Transportation Permitting Unit In-Field Minor 401 Water Quality Certification, Permit Modification Project Name/ TIP Project No.: W-5516 Date: February 21, 2017 DOT Division: 9 County: Rowan County DOT Staff: Amy Euliss James Lastinger�G� ACE Staff: Modifcation Description: See next page. Modification Sketch: DWR Project No. / Permit Type: 20150035 DWR Staff: Dave Wanucha DWR Regional Offce Winston Salem wEruuvo n,w w�� w�r�e w�r�crs reu�ar � 0 ���� rtnhl w!w 28 60 �TL 7A i 77 SCA:Ea h 100' NOtZ. - �Not'�fnc� C�m�ares �-- � State ofNorth Carolina I Environmentaf Quality 1617 Mai] Service Cen'ter � Raleigh, North Carolina 27699-1617 io�_ � :�': i�'�..�s � MI�I! M�Y M In-Field Modification Page 2 out of 3 Modification Description: At Site 7A, convert 32 linear feet of temporary impacts to 32 linear feet of permanent impacts for the purpose of repair/improvement of existing stream bank instability upstream of culvert inlet. And an additional 20 linear feet of temporary impacts to dewater during repair work. No additiona� mitigation is required.�G.r This in-field modification is required for the following reason(s): Conditions under which the original certification was issued have changed in the following manner: • Recent storms events contributed to increase stream bank instability upstream of culvert. This in=field modifica�tion is valid only if issued by an authorized agent of the Division of Water Resources, Transportation Permitting Unit'� This in-field rriodification authorizes the NCDOT to make repairs to stream banks as described. in Rowan County. The project shall be constructed as described in the Modification Description and Sketch on Page 1 of this document dated February 21, 2017 to improve Site 7a. The approved design is that described in the Modification Descrip�tion and Modificafiion Sketch on Page 1 and 2 of this document. Any further changes to the original Water Quality Certification dated January 16, 2015 (revised dates of January 28, 2015 and June 8, 2015) may require a formal written modi�fication request. The description of the proposed action provides adequate assurance that the proposed action in the Yadkin Pee Dee River Basin in conjunction with the proposed development will not result in a viola�tion 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 P�. 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Should your project change, you are required to notify the DWR and submit a new application. If the property is sold, the new owner must be given a copy of this CerCi�fica�tion 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 Approval: 1. All the authorized action activities and conditions of the certification associated with the original Water Quality Certification as dated above and all other corresponding modifications/revisions still apply except where superseded by this certification. Additional Conditions: None. Failure to construct the proposed action as described in the Modification Description and Sketch on Page 1 and 2 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 In- Field Modification page 3 of 3 WQC, and therefore, this in-field modification is invalid. If additional (wetland, stream, buffer) impacts for this project (npw or in the future) exceed (one acre, 150 linear feet, or one•third of an acre/750 Iinear 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 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: � ✓ � ��6� � v Date: t� G Z� Z �l 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 401 Water Quality Certifcation for DOT projects. These stafl include Central Office and Regional Office personnel.