20090258 Ver 1_Application_20100909

MUM
i North Carolina Department of Environment and Natural
Resources
.- I Division of Water Quality
' Beverly Eaves Perdue ` Coleen H. Sullins Dee Freeman
Governor !. Director Secretary
North Carolina Division of Water-Quality
eTransportation Permitting Unit
-In-Field Minor 401 Water Quality Certification, Buffer Certification and Isolated Waters Permit
Modification 11?
Project Name/TIP Project No.: M kvt owiyt 1, Qd • _ g4- I t 3a. Date: 9 /Q ! 10
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Modification Description: ?o
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DOT Divisio(nQ l? County: ? l'?G'?kMl?d- DWQ Project No./Permit Type: Q 09' 0258 tllu IQ/(!
DOT Staff: T/Y.IA/II.I?t?"?-a'1'1t0? DWQ Staff:
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ACE Staff : MIA - DWQ Regional Office: '? I I (X?/LQhl1'(.Q?Pi
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Transportation and Permitting Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet httpJAi2o.encstate.nc.uslncvetlands!
An Equal Opportunity\ Affirmative Acton Employer
NorthCarolina
Naturallrf

In-Field Modification
Page 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, incorrect in the
following manner:

This in-field in
Transportation

under which the original certification was issued have changed in the tollowmg
is valid only if issued by an authorized agent of the NC Division of Water Quality,
Unit.
This in-field modification authorizes the
_. .-. -
in l'M&`l W_V (County. The project shall be constructed as described in the Moditcatron Vescnption•and.
Sketch.on Page 1 of this document dated q ?9 ! 16 to improve/construct the section of
11:3A that extends from. -to The approved
design is that described iin the Modification Description-and-ModificationnSketchwn Page 1 of this document dated
Ci 19 10 Any further changes to the original Water Quality Certification dated 3 ?, a may require a
forrital written modification request.
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The description of the pl oposed action provides adequate assurance th at the proposed action in the C ad 4iL,
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. I
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 3 'at 3 and all other corresponding modifications still apply except where
superceded by this ce ification.
In-Field Modification
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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 Federal 404 and/or Coastal Area Management Act Permit. If the
i 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 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 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 (50) days of notification
pursuant to the contested case provisions of the Administrative Procedure Act; N.C. Gen. Stat. § 1509.2h et secy.
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DWQ Staff Signature: "-Zr [?`?''?r
Date:
DOT Staff Signature:
Date: n,
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Staff Signature:
Date:

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- An authorized agent of the Transportation Permitting Unit is defined as DWQ staff that are DOT-funded and'review and
j issue 401 Water Quality Certifications for DOT projects. These staff include Central Office and Regional Office personnel"
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