20110820 Ver 1_Approval Letter_20110908

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dec Freeman
Governor Director Secretary
September 8, 2011
Dare County
DWQ Project No. 20110820 v.2
NC 12 Emergency Repair
MODIFICATION of APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL
CONDITIONS
Dr. Gregory Thorpe, Ph.D., Environmental Management Director
Project Development and Environmental Analysis Branch
N. C. Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
the emergency repair of NC 12 in Dare County. This modification approves the dredging of approximately 26,500
cubic yards of sand from the intertidal zone as necessary to fill sand bags for road fill slope protection at the Pea
Island. and Rodanthe sites and also, for dune reconstruction at the Rodanthe site.
The project shall be constructed in accordance with your application and revised aerial source map for Rodanthe
received via e-mail September 8, 2011. All the authorized activities and conditions associated with the original
Water Quality Certification dated September 2, 2011 and all subsequent modifications still apply except where
superceded by this certification. After reviewing your application, we have decided that these impacts are covered
by General Water Quality Certification. Number 3703. Thiscertification corresponds to the General Permit
192000048 issued by the Corps of Engineers., In addition, you should acquire any other federali state or local
permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must 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. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification.
1. This modification is applicable only to the additional proposed activities. All of the authorized activities and
conditions associated with the original Water Quality Certification dated September 2, 2011 and subsequent
modifications still apply except where superceded by this certification.
2. If fill sand for the sand bags needs to be obtained from areas other than those depicted on your Pea Island and
revised Rodanthe source maps, notification to and approval from the Division of Water Quality is required.
North Carolina Division of Water Quality Internal: ww%v ncwtoeruualitv.ore One
943 Washington square Mall Phone: [phone] NO hCarol/ina
Washington, NC 27889 FAX [phone] Naturally
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If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Garcy Ward at [phone].
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Attachments (General Certification)
cc: -Clay Willis, DOT Division 1 Environmental Officer
Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Stephen Lane, DCM; Morehead City
Cathy Brittingham, DCM, Raleigh
Sonia Carrillo, NC DWQ, 40I/Wetlands Unit
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