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Home My WebLink About20170730 Ver 2_In-field Modification_20180219;:• _. �,. Environmen ta l Quality ROY COOPER c�,��,,r�„� MICHAEL S. REGAN s��,��r�„�7� LINDA CULPEPPER I�Nei�i�rr Diiec�or North Carolina Division of Water Resources Transportation Permitting Unit In-Field Minor 401 Water Quality Certification Modification Project Name/ TIP Project No.: U-2579C W-S Northern Beltwa rL(East Section) Date: February 19, 2018 DOT Division: 9 County: Forsyth DOT Staff: Amy Euliss ACE Staff: Brvan Roden-Revnolds Modification Sketch: DWR Project No./Permit Type: 20170730 v2; WQ004123 DWR Staff Dave Wanucha DWR Regional Office: Winston Salem Reqional Office -rNc,lf�iaa� �c]r�y��rs:� Stat� of NoiYh Carolina I Cnvironmental Qualiry 1617 Mail Service Cen[er I Ralei�h, North Carolina 27699-1617 In-Field Modification Page 2 out of 3 Modification Description: Increase temporary wetland fill impacts by 0.13 acres at permit Site 13 to construct a temporary haul road. Permit Site 12 crossing of Lowery Mill Creek will be shifted slightly downstream but there will be no new impacts. This in-field modification is required for the following reason(s): The information contained in the application or presented in support thereof is incorrect in the following manner: N/A X Conditions under which the oriqinal certification was issued have chanqed in the followinq manner: A temporarv haul road is needed. 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 temporarilv impact 0.13 acres of wetlands at Site 13 for the construction of a temporarv haul road and to shift Site 12 sliqhtiv downstream but without additional impacts. The project shall be constructed as described in the Modification Description and Sketch on Page 1 of this document dated February 19, 2018. Any further changes to the original Water Quality Certification dated July 26, 2017 may require a formal written modification 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 violation 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 PL 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 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 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 dated July 26, 2017 and all other corresponding modification still apply except where superseded by this certification. 2. Additional Conditions: None. 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 Permit. If the Corps of Engineers requires a formal written modification to the 404 permit for the proposed action, the NCDWR must require a formal written modification to the 401 WQC, and therefore, this in-field modification is invalid. If additional wetland and stream impacts for this project (now or in the future) exceed one acre or 300 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. In-Field Modification page 3 of 3 This in-field modification is effective upon the date the last party signs this document and is made with 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. §1506-23 et se . NCDWR Staff Signature: ��iol J WGintzGGta Date: February 19, 2018 NCDOT Staff Si nature: �'"' �`� 9 Date: '— An authorized agent of the Transportation Permitting Unit is defined as DW R 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.