20020672 Ver 1_Project Withdrawn_20120524

fy�SS
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
TURNPIKE AUTHORITY
BEVERLY EAVES PERDUE
GOVERNOR
May 24 2012
Ms Polly Lespmasse
NC Division of Water Quality
Mooresville Regional Office
610 East Center Avenue — Suite 301
Mooresville NC 28115
Dear Ms Lespmasse
EUGENE A CONTI JR
SECRETARY
As you are aware on May 17 2012 NCDOT voluntarily suspended all permittable
activities on the Monroe Bypass due to the ruling of the Fourth Circuit Court of Appeals
On May 18 2012 the U S Army Corps of Engineers indicated that they will accept the
voluntary suspension and as a matter of record will issue a suspension of the 404 permit
We understand that the current NCDENR regulations have no provisions for the
suspension of the state issued 401 Certification and as such some other means of
addressing the status of the 401 certification is necessary As stated in the May 17 2012
letter NCDOT has voluntarily suspended all permittable activities while it pursues legal
and engineering options to address the issues discussed in the court s opinion therefore
NCDOT will voluntarily withdraw the current 401 Certification and will re issue its
permit application for approval at an appropriate time in the future We thank you for
your cooperation in this matter should you have any questions please do not hesitate to
contact me
Sincerely
Jennifer Harris P E
Director of Planning and Environmental Studies
cc Jim Trogdon P E NCDOT Chief Operating Officer
Terry Gibson P E NCDOT State Highway Administrator
Scott Slusser Special Deputy Attorney General
Brian Wrenn NC Division of Water Quality
NORTH CAROLINA TURNPIKE AUTHORITY
1578 MAIL SERVICE CENTER RALEIGH N C 27699 1578
PHONE [phone] FAX [phone]
http / /www ncturnplke org