20080504 Ver 2_Modifications_20080605

MEMORANDUM
TO: Jeremy T. Leamer
Environmental Specialist
NCDOT Natural Environment Unit
FROM: Michael R. Parker IN9f
Environmental Senior Specialist
Asheville Regional Office
Date: June 5, 2008
SUBJECT: In-Field Minor 401 Water Quality Certification Modification
As we discussed on Friday May 30, 2008, I am attaching a copy of an infield
modification to Water Quality Certification No. 2008-0504 in which the sills for the
outer barrels were changed from 2.0 feet to 2.5 feet.
If you have any questions, please call me at 828-296-4500.

W ATF Michael F. Easley, Governor
9 William G. Ross Jr., Secretary
\O? QG North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
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.:TLr?i ? G 3 Alc5,C-, / 3 7 Dater ,( , 2 I/d
DOT Division: County: DWQ Project No./Permit Type: 2 6,o S - 0'576V
DOT Staff: e DWQ Staff 'i Q
ACE Staff : DWQ Regional Office:
. Modification Description:
711-4- 5- i )PA-1
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Modification Sketch:
N?lp?thCarolina
Transportation Permitting Unit Naturlllldf
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet htto://h2o.enr.state.ne.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycledll0% Post Consumer Paper
Jn-Field Modification
Wage 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:
1:
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
-Lv S1??s rwysa {? F a ?2. rF
County. The project shall be constructed as described in the Modification DescriptionAn&
on Page 1 of this document dated clo to improve/construct the section of
The approved
IC144CA-t that extendsf'rom it S J' f l?? r•
design is that described in the Modification Description and Medifieatien gketeh on Page 1 of this document dated
x. !l4 . Any further changes to the original Water Quality Certification dated y ® may require a
formal written modification request.
The description of the proposed action provides adequate assurance that the proposed action in the F-A-n .4
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.
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 and all other corresponding modifications still apply except where
superceded by this t ification.

M, 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 Federal 404 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
five Procedure Act, N.C. Gen. Stat. § 1508-23 et sea.
pursuant to the contested case provisions of the Adrn
DWQ Staff Signature: c---
Date:/Y , 34,2 1
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.
Permit condition issues...
Subject: Permit condition issues...
From: "Leamer, Jeremy T" <[e-mail]>
Date: Thu, 29 May 2008 14:17:17 -0400
To: "[e-mail]" <[e-mail]>
CC: "Dagnino, Carla S" <[e-mail]>
Hi Mike,
I have distributed 401 permit conditions from DWQ for the following projects:
B-4196 bridge over Garden Creek in McDowell County &
B-4631 bridge over West Branch Mountain Creek in Rutherford County
1) Our roadside environmental unit had a comment for B-4196 pertaining to the use
of planting trees. They are recommending the native riparian seed mix instead of
trees due to it being a small area and will be mostly rip-rap for bank
stabilization.
2) Our structure design unit had a comment for B-4631 in reference to the design
sills which will be 2.5 feet high and not 2.0 feet high.
We request that you adjust the conditions to reflect these comments. I will be out
of the office after 1 pm tomorrow and all of next week so it would be a great help
if we could address this before then. Thanks very much!
Regards,
Jeremy T. Leamer
NCDOT Natural Environment Unit
Environmental Specialist - WNC team
919-715-7726
919-323-5207 (mob)
919-715-5501 (fax)
1 of 1 5/30/2008 11:10 AM