20090185 Ver 2_Approval Letter_20090630

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
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/TIPPrcjectNo.:: Sf?I?ai 1?7JJJ'i? T?, N E> Date: 09
DOT Division: Ia County: 0 u-r t ' V-/0- DWQ Project No./Permit Type: :tf- (}? -b ?JJr t"11't-
DOT Staf : / r Q L DWQ Staff: zxw
ACE Staff: fJ/A DWQ Regional Office: 7f?SZ? L°ll?l?
Modification Description:
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Modification Sketch:
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet htipIlh2o.enr.state.nc.uslnavetlands/
. One
NorthCarolina
Aawallry
01
An Equal opportunity I Affirmative Acton Employer
Page?2 of 3"
This in-field modification is required for the following reason(s):
0 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
m er: x
FtU4.
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 authgrizes the NCDOT tnon?? LL
.14n kl, t', j-9 (i,An Bf i7"( vnxa3/.
in (' ct L1T ? CL County. The project sha 1 be onstructed as described in the Modification Description and-
S3teteh-on Page 1 of this document dated 130 D to improve/construct the section of
Siz ltna l that extends-frerrr _ . The approved
design it that described in the Modification Description and Modification Sketch on Page 1 f thi document dated
to a . Any further changes to the original Water Quality Certification dated a may require a
fo 1 written modification request.
The description of the proposed action provides adequate assurance that the proposed action in the (ya t LLW ba-,
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 thgreby 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.
a.
2. All the authorized activities and conditions of the certification associated with the original Water Quality
Certification dated f 0 and all other corresponding modifications still apply except where
superceded by this ce tfrca 'on.
Page 3 of 3
3.

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, 1501inear
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
signatures below and is, therefore, not
made upon mutual agreement between DOT and DWQ as indicated by the
subject to appeal by either party. Appeals by third parties must be made within sixty (60) days of notification
pursuant to the contes ed_ca&se provisions of the Administrative Procedure Act, N.C. Gen. Stat. § 150B-23 et seg.
DWQ Staff Signature: n1 b t Q? ( ???i a-
Date;
DOT Staff Signature: L/Gti?
Date: elOi -
Staff
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.