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Home My WebLink About20081588 Ver 1_Approval Letter_20100614N 4"i 0,W .m N EN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary North Carolina Division of Water Quality Transportation Permitting Unit In -Field Minor 401 Water Quality Certification, Buffer Certification and Isolated Waters Permit Modification / , Project Name /TIP Project No.: 1 — l� (DJ H -141- Date: C9 A4 1 `0 DOT Division: 1A County: DWQ Project No./Permit Type: f59 DOT Staff: �%W-V� DWQ Staff: ACE Staff : N/A DWQ Regional ,Office v Modification Description: - 1 � Modification Sketch: " 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: httpJth2o .enr.state.nc.us/ncwetlands/ An Equal Opportunity 1 Affirmative Acton Employer NorthCarolina Naturally 'i A^N�""- ^- n-w^'+..r-- .. --" -- •.....+.- .aw.'^TCw -'L,+ . L' a,,.�.rw^ -tits' i+n+'- �''�ifi�:T�^� In -Field Modification.'. t. 5 ^'P g °2of3 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• j U , • This in -field modification is valid only if issued by an authorized agent of the NC Division of, Water Quality,, Transportation Permitting Unit l. ` This in- field,modification authorizes the • CDOT to r r /V B B Ail :8 a nA J.d ni t h n k^A,011 fW)- d LAA;ZM, ff1-A_i f I in \ Lk-pd JD_ County,. The project shall be constructed as described iri the Modification Description and ' Sketc�Ali��on Page 1 of this document dated �D.I -�4' ItO. to improve/construct the section of "til that extends -from. Q # �� •to-- ' The approved design is that'described in the Modification Description and Modification Sketch on Page 1 of this document dated = (� /► �l� Any further changes to the original Water Quality Certification dated (Dial lo, may require a formal written, modification request. The description of the proposed action provides adequate assurance that the proposed action in the 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'aotivity 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, an d 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 1110M'OPJand all other corresponding modifications still apply except where superceded by this certif —icaT a In -Field Modification ,mod Page 3 of 3 " • ,s . E 3. Additional Conditions: Failure to, construct the proposed #action as described in1he 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 m -field modification-is invalid;and a formal written modification is required: - This in -field modification ineffective 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.contestedlcase provisions of the Administrative Procedure Act, N.C. Gen.;Stat.. §;150B -23 et seg. ' DWQ Staff Signature: (..• Date:-.- ate: f� its --�►� ; • DOT Staff Signature: ' Date: 11q Staff Signature: Date: — An authorized agent of the Transportation Permitting Unit,is de, fined 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. f" 4A, WOU �?GdL Failure to, construct the proposed #action as described in1he 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 m -field modification-is invalid;and a formal written modification is required: - This in -field modification ineffective 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.contestedlcase provisions of the Administrative Procedure Act, N.C. Gen.;Stat.. §;150B -23 et seg. ' DWQ Staff Signature: (..• Date:-.- ate: f� its --�►� ; • DOT Staff Signature: ' Date: 11q Staff Signature: Date: — An authorized agent of the Transportation Permitting Unit,is de, fined 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. f"