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HomeMy WebLinkAbout20071767 Ver 2_Application_20080122F W A rF Michael. F. Easley, Governor Q~r- '9 William G. Ross Jr., Secretary ~O?°~~ ~G North Carolina Department of Environmentand Natural Resources ~ pr r Coleen H. Sullins, Director >_ (~C' -1 Division of Water Quality O -C North Carolina Division of Water Quality Transportation Permitting Unit In-Field Minor- 401 Water Quality Certification, Buffer Certification and Isolated Waters Permit Modification Project Name/TIP Project No.: ~<, - `-~ 1 ~ ~.. Date: ! 1 •w ~' I '`'}g DUT Division: "~. County: ~-~:'r ~;~-~ ~ ~ DWQ Project No./Permit Type: '' f• ti ~ `~Y3 `.`~ - ~ ~..~ ,. ~ :~. UC)TStaff; ...~~:ct ~,.r,i :~-•,~ DWQStaff: L'r"%r`ckI ~.~,~r.~•r:( ACE Staff : DWQ Regional Office: 1NA .Modification Description;' ~~;i ,_~'- .. fi.,~' 4~uC1+eW~ ~ `" ~f~~a:t*(`It'?~"~';- ~' 1 ^a,``, ~'~cfT~~ .~Qf.(~~•~ f S= C-'V.> 1 ` ~~o.{te>~ r;-~ ~r ~^e <~': ;'4"tir•, i ~-Ye.. F ~-~ ~ tr~~~ ~Z' ~ ~~[,i'r? L t~.: 7+, C. ~1 ~ ~ Ir: c ~ t`I~ 1_; t t~ ~~, ~~ 11 ~°""" ~.,,--° ~,- , C.~6e: ~ i ~~ ~~r'~~ ~^I^~C., ~~ 4~'~A ~„°"'Y ~' f,., L~~i, ~?iKr,• ~~~~ ~ ~",k t~'`~ ~(i~~~t; 1{/IW~- ~ '{~K. ~t ~`,~. ~,7 Modification Sketch: No,~thCan Transportation Permit$ng Und Q~lllQ 1650 Mail Service Center;Ralegh, North Carolina 27699-1650 a' 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17$61 FAX 919-733;68931 Internet: htto:!!h2o:eiir.state:nc.us/ncwetlands An Fnnal llnnnrtiini}vlAfFrtnafivP Artinn Fmnlnvor- 5r°/ Ror•vr•IoriHr°/ Pnct Cnnciimar Parwr In-Field Modification Page 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 incorrect in the following manner: Conditions under which the original certification was issued have changed in the following manner This in-field modification is valid only if issued by an authorized agent of the NC Division of Water .Quality, Transportation Permitting Unit'. This in-field modification authorizes the NCDOT to 9y ! k ~., in ~.~°;>,-:. ~' County. The project shall be constructed as described in the Modification Description and Sketch on Page 1 of this document dated t / z ~ ~ ;;- ~, to improve/construct the section of C y" ~ that extends from to .The approved design is that described in the Modification Description and Modification Sketch on Page l of this document dated r ~ 4 ~ ~ ,. ~; Any. further changes to the original Water Quality Certification dated 1 ~ 1 r ~f ! ~~ ~ .may require a formal written modification request. The. description of theproposed action provides adequate assurance that the proposed action in the t,l e4~5~.- 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, 3Q2, 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 andapproval 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,Hon-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: L 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 t ~ ~~; ~7 and all other corresponding modifications still apply except where superceded by this certification. ,..i.;.. ;,. .... -..-....+.~r.~...,et~x-~wwr.nr..-:,....~. ,..,,,y, rr,R~M,,,_„ w.ve~ ~^M - r :. .. , - . ~~; r..: In-Field Modification Page 3 of 3 ,~_ ~ <, 3. Additional Conditions: Failure. o 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 sef forth may result in revocation of this'modificaton 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 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 (60) days of notification pursuant to the contested case provisions of the Administrative Procedure .Act, N:C. Gen. Stat. § 150B-23 et se . DWQStaff Signature: ~~r ~ ~~tr~ ., ~~~~i"~~[:~~ ~~ Date: 1 i ~ ~ /~ n DOT Staff Signature: Date: ~ '~ Staff Signature: Date: ~ - An authorized agent of the Transportation Permitting Unit is defined as DWQ staff that are DOT-funded and review and issue 401 Water Quality Certifications for DOT projects. These staff include Central Office and Regional Office personnel.