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HomeMy WebLinkAbout20041061 Ver 1_Application_20071128,. . ~ ~ ~~ 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 n., C...._i n__ .._:~dn'u.~........ n_.:__ r__i....__ cno~ n~_.._I~JN nO/ n__. n__.... _-n___" ~~ ...,.a., ~ .T ~^ ~~ ~'~~'In-Field Modification .~.: Pale 2 of 3 . ,~ 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 ,w , ~f ._.~ r t , .:--' ~ ~ _ ~d ~.. 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 ,:, 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 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. ;; ~: 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: _ ,,,~_ ,,~~ ~, ~ ~ Date: ~t ~..~ ~ _ ~~ ,~ _ ~ ' ~ DOT Staff Signature: -<~~ ~.~,~ . ~ c-~.,~~•,.,,.~,~ Date: ~; Staff Signature: T !.. - Date: r ~ - 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