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Home My WebLink About20110844 Ver 1_Approval Letter_20121220A NCDENR North Carolina Department of Environment and Natural Re *,,NCh Division of Water Quality ' 4- Beverly Eaves Perdue Coleen H Sullins J/4 IV bee-"Freeman Governor Director �'9 2013 SelQretary r December 21, 2012 ,, •, 4�11(qr Dr Gregory J Thorpe, PhD Environmental Management Director, PDEA North Carolina Department of Transportation Project Development and Environmental Analysts 1598 Mail Service Center Raleigh, NC 27699 -1598 Subject In -Field Minor Water Quality Certification TIP No U -2211, NCSR 1001 at US 321A DWQ Project No 20110844V 2 NC Department of Transportation Caldwell County Dear Dr Thorpe Please find attached a copy of the in-field modification for 40 linear feet of temporary impacts in UTI to Gunpowder Creek requested in your letter of November 30, 2012 If you have any questions, or need additional information concerning this matter, please call me at (828) 296 -4500 Sincerely, Michael R Parker, Environmental Senior Specialist Surface Water Protection Section Asheville Regional Office cc Erin Cheely, PEDA Heath Slaughter, Division 11 DEO DWQ Transportation Permitting Unit Mike Parker, Asheville Regional Office SURFACE WATER PROTECTION SECTION — ASHEVILLE REGIONAL OFFICE Location 2090 U S Highway 70 Swannanoa North Carolina 28778 NorthCarohna Phone 828 296 -45001 FAX 828 299 70431 Customer Service 1- 877 -623 6748 Internet www ncwaterquality org atura!!ff An Equal Opportunity l Affirmative Action Employer A47LAL _ NCDENR North Carolina Department of Environment and Natural Rely, r S, Division of Water Quality 4,- , Beverly Eaves Perdue Coleen H Sullins 114 IV Dee•`Freeman Governor Director Zp, Seliretary December 21, 2012 �TiRBR -111Cy Dr Gregory J Thorpe, PhD Environmental Management Director, PDEA North Carolina Department of Transportation Project Development and Environmental Analysis 1598 Mail Service Center Raleigh, NC 27699 -1598 Subject In -Field Minor Water Quality Certification TIP No U -2211, NCSR 1001 at US 321A DWQ Project No 20110844V 2 NC Department of Transportation Caldwell County Dear Dr Thorpe Please find attached a copy of the in -field modification for 40 linear feet of temporary impacts in UT1 to Gunpowder Creek requested in your letter of November 30, 2012 If you have any questions, or need additional information concerning this matter, please call me at (828) 296 -4500 Sincerely, Michael R Parker, Environmental Senior Specialist Surface Water Protection Section Asheville Regional Office cc Erin Cheely, PEDA Heath Slaughter, Division 11 DEO DWQ Transportation Permitting Unit Mike Parker, Asheville Regional Office SURFACE WATER PROTECTION SECTION — ASHEVILLE REGIONAL OFFICE One Location 2090 U S Hghway 70 Swannanoa North Carolina 28778 NorthCarohma Phone 828 29611500/ FAX 828 299 7043 1 Customer Service 1- 877 -623 6748 Internet www ncwaterquality org aturallff An Equal Opportunity Affirmative Action Employer In -Field Modification Page 2 of 3 Tlus 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 Conditions under which the original certification was issued have changed in the following manner J AI� r4 --vw c� / //m This nn -field modification is valid only if issued by an authorized agent of the NC Division of Water Quality, Transportation Permitting Unit' This in -field modification authorizes the NCDOT to in CA JZw e.// County The project shall be constructed as described in the Modification Description and Sketch on Page 1 of this document datedJ',)ecz.,,.b-ec_ z, to improve /construct the section of sc,�tu that extends from uoLpt,, ra.T 1 to The approved design is that described in the Modification Description and Modification Sketch on Page 1 of this document dated ,Z>-. _ KOj 26 Any further changes to the original Water Quality Certification dated J a y 3�Z-012- may require a formal written modification request The description of the proposed action provides adequate assurance that the proposed action in the CAA 4.L A 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 Carolma certifies that this activity will not violate the applicable portions of Sections 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 DWQ 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 the 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 Thus Modification Approval shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit Condition(s) of Modification Approval 1 As -built drawings of the proposed action shall be subrrutted to the NC DWQ Transportation Permitting Unit within 30 -days of the completion of the action 2 All the authorized activities and conditions of the certification associated with the original Water Quality Certification dated / gY ZD /sand all other corresponding modifications still apply except where superceded by this certification In -Field Modification Page 3 of 3 3 Additional Conditions 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 herem 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 pemut for the proposed action, then NC DWQ 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 requirements for this project, this in -field modification is invalid and a formal written modification is required This m -field modification is effective upon the date the last party signs this document This m -field modification is made upon mutual agreement between DOT and DWQ 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 Admimstrative Procedure Act, N C Gen Stat § 150B -23 et se4 DWQ Staff Signature A Xc� k Date Zd, 7dlz- DOT Staff Signature Date Staff Signature Date I — An authorized agent of the Transportation Pernutting Unit is defined as DWQ staff that are DOT - funded and review and issue 401 Water Quality Certifications for DOT projects These staff include Central Office and Regional Office personnel 7 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor Director Secretary r North Carohna Division of Water Quality Transportation Permitting Unit In -Field Minor 401 Water Quality Certification, Buffer Certification and Isolated Waters Permit Modification Protect Name/TIP Protect No Alf /P - ZZ // / s Date Zr,c. ?61, Ur DOT Division // County DWQ Protect No /Permit Type 2/ >1% - eS11q _ p kv 3'S74 DOT Staff DWQ Staff /5 c !r � � %t' k � °A- ACE Staff Modification Description DWQ Regional Office v / / /e� 4/h r' /I /I c "4 /d" / "�e 0 ,/ //L, , l t e,,- (r L id U & / _ /t+ Sr�rrc �4Z0, Modification Sketch I -V �Pik v1 e+ 1 \ � R 0. Transportation and Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Location 2321 Crabtree Blvd , Raleigh North Carolina 27604 Phone 919 733 -17861 FAX 919 733 -6893 Internet: httpJ/h2o enr state nc ustrimetlandsl An Equal Opportunity 1 Af nmatve Acton Employer NorthCarolina Natura!!ff " 4n'- -Field Modification c Page 2 of 3 . .1, A# I 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 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 NC Division of Water Quality, Transportation Permitting Unit' This in -field modification authorizes the NCDOT to / A Scu/P.Z %I�Q .�i(�� U��,c/c�✓v� "F<.�� $/ -�PCx��uJtll'V] CzC�Lti /rIr /n r Gfi'7ris �wti in (_'n ld�,r ,� e /I County The project shall be constructed as described in the Modification Description and Sketch on Page 1 of this document dated -_ c7H= 5 z D, --2U1Z to improve /construct the section of that extends from cL / �e !� i l to , C.��- ; The approved design is that described in the Modification Description and Modificatidn Sketch on Page 1 of this document dated �,2 �_ z0, 261Z Any further changes to the original Water Quality Certification dated Sri L) 37,02_ may require a formal written modification request The description of the proposed action provides adequate assurance that the proposed action in theCA4 A U.. 4 11 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 Sections 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 DWQ 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 the 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 Condition(s) of Modification Approval 1 As -built drawings of the proposed action shall be submitted to the NC DWQ Transportation Permitting Unit within 30 -days of the completion of the action 2 All the authorized activities and conditions of the certification associated with the original Water Quality Certification dated n1lo -Mo6 ..and all other corresponding modifications still apply except where superceded by this certification 4d -Field Modification Page 3 of 3 3 Additional Conditions 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, then NC DWQ 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 requirements for this project, this in -field modification is invalid and a formal wntten 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 DWQ 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, N C Gen Stat § 150B -23 et se4 DWQ Staff Signature Date DOT Staff Signature Date Staff Signature Date I — An authorized agent of the Transportation Permitting Unit is defined as DWQ staff that are DOT - funded and review and issue 401 Water Quality Certifications for DOT projects These staff include Central Office and Regional Office personnel