HomeMy WebLinkAbout20041061 Ver 1_Application_20071128,.
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F W A TF Michael F: Easley, Governor
~ --~°^- _ 9 William G. Ross Jr:; Secretary
~ ' l Q North Carolina Department of Environment and Natural Resources
O ~' G 3
~ ~' Coleen H. Sullins: Director
>_ ~~~.~ -a Division of Water Quality
O Y
North Carolina Division of Water Quality ' `
Transportation Permitting Unit:
In-Field Minor 401 Water Quality .Certification, Buffer Certification and Isolated Waters Permit.
Modification'
Pro~ect Name/TIP Pro~ect No.: ~.,,~~,:~ ~~,, )t` "'~ ~ ~ ~\•~ ;°
J J I v~'ed ~ l `~"~.%~ Date: ~ ~ .~..~~'. F~a~
DUT' Division: County: ~..~~`°~i. e"~_ "~=~'.; DWQ Project No./Permit Type: ~,w,,~ :~ 1~a~~
DO"I' Staff:•~.a< t'~ ~, ~~~~'~ ~""~~"~~ ~'~' DWQ Staff. ~~.{c~.. ~ ~ ~+1` .~a
ACE Staff : DWQ :Regional Office: ~....~..~~~~»
Modification Description:
°'~ ~ _ L.
Modification Sketch:
Transportation Permitting Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North. Carolina 27604
Phone' 919-733-~77861FAX919-733-689311ntemekhttp:r,h2o:enr state.nc.usincwetlands
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~^ ~~ ~'~~'In-Field Modification .~.:
Pale 2 of 3
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This in-field modification is required for the following reason(s):
~ The information. contained in the application or presented in support thereof is incorrectin the
following manner:
Conditions under which the original certification was issuedhave changed in the following
manner. 4 4
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This. in-field modification is valid only if issued by an authorized agent of the NC Division of Water Quality,
Transportation Permitting Unit'.
This m field modification authorizes the NCDOT to
'~ ~ '~; `~'_ =~ o" • ''~'" '~ 'r'' SC ? "~ : 11,x'"} ~.~ ~ € ~ i,:~' i~~. ~ 's-1 ~"`.'~,f'v ~°' -
in {. -~"'r'~ ~ ,.,~{,, ~ County. The project shall be constructed as described in the Modification Description and
.Sketch on Page l of this document dated ~, '~ ' ~-~, i i__` ~ to improve/construct the section of
:..., '° ;~ ~: ~1 thatwo-xd~fratg E.1. ~"" ~ C"v~.:? , ~'~'1 t to .The approved
design isthat described in the Modification Description and Modification Sketch on Page 1 of this document dated
1 ~ ~ '~~~ Any further changes to the original Water Quality Certification dated ~~ may require a
formal written modification request:`.
The description>of the .proposed action provides adequate assurance that the proposed action in the ~:3. ~. ~'~4x'~
Rimier Basin in conjunction with the proposed development willnot 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, 3.02, 303,306,307 of PL 92-Sb0 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth: Should'yourproject 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 Certificaton,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 yourproject 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 d conditions of the certification associated with the original Water Quality.
Certification dated ~~~~ and all other corresponding modifications still apply except where
superceded by this certification.
' t~ In-Field Modification
Page 3 of 3
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3. Additional Conditions:
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.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 Federa1404 and/or .Coastal Area Management Act Permit. If the
t 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 projecf (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
y , ~ current mitigation requirements for this project, this in-field modification is invalid and a formal written
modification is required.
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~: 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 DO.T and DWQ as indicated by the signatures below' and is, therefore, not
z~i -
subject to appeal by either party. Appealsby third partiesmust be made within sixty_(60)'days of notification
~ pursuant to the contested case provisions of th ~: Administrative Procedure Act, N.C. Gen. Stat. § 150B-23 et seg:
,:
i DWQ Staff Signature: _ ,,,~_ ,,~~
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~ ~ Date: ~t ~..~ ~ _
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' ~ DOT Staff Signature: -<~~ ~.~,~ . ~ c-~.,~~•,.,,.~,~
Date:
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Staff Signature:
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Date:
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~ - An authorized agent of the Transportation Permitting Unit is defined as DWQ §taff that are DOT-funded and review and
issue 401 Water Quality Certifications for DOT projects. These staff include Central Office and Regional Office personnel