20091321 Ver 2_Approval Letter_20110912

A �
ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H Sullins Dee Freeman
Governor Director Secretary
September 12 2011
Harnett County
NCDWQ Project No 20091321 v 2
Bridge 46 on US 401/NC 211
TIP No B 4138
Modification to APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL
CONDITIONS
Dr Gregory J Thorpe PhD Environmental Management Director
NCDOT Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh NC 27699 1598
Dear Dr Thorpe
You have our approval in accordance with the conditions listed below for the following impacts for the purpose of
replacing Bridge 46 in Harnett County
Stream Impacts in the Cape Fear River Basin
Site
Permanent Fill in
Temporary Fill in
Permanent Fill in
Temporary Fill in
Total Stream
Stream
Total Wetland
Impact (ac)
Intermittent
Intermittent Stream
Perennial Stream
Perennial Stream
Impact
Impacts
0
Stream (linear ft)
(linear ft)
(linear ft)
(linear ft)
(linear ft)
Requiring
039
0
086
Total
029
0
Mitigation
024
1 045
0
098
linear ft
1
0
0
135
67
202
0
2
0
0
69
400*
469
0
3
0
0
693
20
713
693
Total
0
0
897
487
1384
693
Total Stream Impact for Protect 1384 linear feet
* 200 if of additional temporary stream impacts at Site 2 for the construction of a temporary rock causeway
underneath the existing bridge is the only additional impacts authorized by this modification
Wetland Im acts in the Cape Fear River Basin
Site
Fill
(ac)
Fill
(temporary)
ac
Excavation
(ac)
Mechanized
Clearing (ac)
Hand Clearing
(ac)
Area under
Bridge
(ac)
Total Wetland
Impact (ac)
1
001
0
0
005
006
0
012
4
028
0
0
0 19
039
0
086
Total
029
0
0
024
1 045
0
098
Total Wetland Impact for Project 0 98 acres
The project shall be constructed in accordance with your application dated received December 15 2009 and
additional information dated received March 11 2010 May 19 2010 and modification request dated received
August 30 2011 After reviewing your application we have decided that these impacts are covered by General
225 Green St Suite 714 Fayetteville N(' 28301 5043 One
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Water Quality Certification Number 3689 3701 and 3688 This certification corresponds to the Nationwide Permits
13 23 and 33 issued by the Corps of Engineers In addition you should acquire any other federal 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 NCDWQ 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(s) and any additional conditions listed below
Condition(s) of Certification
Project Specific Conditions
1 All other conditions written into previous Water Quality Certification dated May 21 2010 for this project
still applies
2 This modification is applicable only to the additional proposed activities All of the authorized activities
and conditions of certification associated with the original Water Quality Certification dated May 21 2010
still apply except where superceded by this certification
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing You may obtain the petition form from the office of Administrative hearings You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8 00am and 5 OOpm except
for official state holidays The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings
The petition may be faxed provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission
The mailing address for the Office of Administrative Hearings is
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone [phone] Facsimile [phone]
A copy of the petition must also be served on DENR as follows
Ms Mary Penny Thompson General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 1601
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 Mason Herndon at [phone]
Sincerely
Coleen H Sullins
Director

Cc Ronnie Smith Wilmington US Army Corp District Office
Jun Rerko Division 6 Environmental Officer
Chris Militscher Environmental Protection Agency (electronic copy only)
Travis Wilson NC Wildlife Resources Commission (electronic copy only)
Sonia Carrillo NCDWQ Central Office
File Copy

NCDWQ Protect No
Applicant
Protect Name
Date of Issuance of 401 Water Quality Certification
County
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules and
any subsequent modifications the applicant is required to return this certificate to the 401 Transportation Permitting
Unit North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 This form
may be returned to NCDWQ by the applicant the applicant s authorized agent or the project engineer It is not
necessary to send certificates from all of these
Applicant s Certification
I hereby state that to the best of my abilities due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules the approved plans and
specifications and other supporting materials
Signature
Date
Agent s Certfcation
I hereby state that to the best of my abilities due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules the approved plans and
specifications and other supporting materials
Signature
Date
Engineer s Certification
Partial Final
1 as a duly registered Professional Engineer in the State of North
Carolina having been authorized to observe (periodically weekly full time) the construction of the project for the
Permittee hereby state that to the best of my abilities due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules the approved plans and specifications and other supporting materials
Signature
Date
Registration No