20161268 Ver 4_Approval Letter_20211022

DocuSign Envelope ID:77BAF618-CF0E-4260-86E4-A4EC3805A7CC
N rF
ROY COOPER ".;h+ : 1 __, ,. 04
Governor
OF 4
ELIZABETH S. BISER
ge
Secretary
S. DANIEL SMITH NORTH CAROLINA
Director Enwfronmenraf Qualify
October 22,2021
Pender County
NCDWR Project No.20161268 v.4
TIP R-3300B
Mason Herndon,Project Development
Environmental Engineer
NC DOT Division 3
5501 Barbados Blvd.
Castle Hayne,NC 28429
Subject: Modification of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
with ADDITIONAL CONDITIONS for the Proposed Hamstead Bypass in Pender County,TIP R-3300B.
NCDWR Project No.20161268 v.4
Dear Mr.Herndon:
Attached hereto is a modification of Certification No.004116 issued to The North Carolina Depal talent of
Transportation(NCDOT)dated June 5,2017 and modified on March 1,2019 and June 17,2020.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
EDocuSigned by:
0.444.1, CSC
9C9886312DCD474...
.vane'Jmi n
Director
Electronic copy only distribution:
Brad Shaver,US Army Corps of Engineers,Wilmington Field Office
Chris Rivenbark.NC Department of Transportation
Gary Jordan,US Fish and Wildlife Service
Travis Wilson,NC Wildlife Resources Commission
Cathy Brittingham,NC Division of Coastal Management
Stephen Lane,NC Division of Coastal Management
Beth Harmon,Division of Mitigation Services
Hannah Sprinkle,NC Division of Water Resources Wilmington Regional Office
File Copy
'IlE c) } North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID:77BAF618-CF0E-4260-86E4-A4EC3805A7CC
Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
with ADDITIONAL CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Resources(NCDWR)Regulations
in 15 NCAC 2H.0500. The project shall be constructed pursuant to the revised modification request dated received
October 21,2021. The authorized impacts are as described below:
Stream Impacts in the Cape Fear and White Oak River Basin
Permanent Temporary
Site (linear ft) (linear ft) Total Stream Impact(linear ft)
Original approved 122 35 184
impacts at Site 33
Impacts approved with
this modification at Site 115 62 150
33
Difference -7 +27 20
Wetland Impacts in the Cape Fear and White Oak River Basin
Fill Fill Mechanized Hand Total
Excavation Wetland
Site permanent temporary Clearing Clearing
(ac) (ac) (ac) (ac) (ac)
(ac)Impact
Original approved
impacts for Service Road 42.793 0.082 0.353 4.297 0.024 47.549
8(SR 8)
Impacts approved with
this modification for 40.846 0.082 0.353 4.239 0.024 45.544
Service Road 8 (SR 8)
Difference -1.947 -- -- +0.058 -- -1.889
The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear and
White Oak River Basin in conjunction with the proposed activity 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.
This approval is only valid for the purpose and design that you submitted in your modified application dated
received October 21,2021. Should your project change,you are required to notify NCDWR 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 any additional impacts,for this project(now or in
the future)are required the applicant should contact NCDWR as a modification of this Certification may be
required. 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 Certification shall expire on the same day as the expiration date of the corresponding Corps of
Engineers Permit.
'11 E Q North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID:77BAF618-CF0E-4260-86E4-A4EC3805A7CC
Condition(s)of Certification:
1. This modification is applicable only to the additional proposed activities. All of the authorized activities
and conditions associated with the original Water Quality Certification dated June 5,2017 and subsequent
modifications still apply except where superseded by this certification.
2. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition,
the Water Quality Certification and all subsequent modifications,if any,shall be maintained with the Division
Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2)and
(c)(2)]
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. This Certification shall become null and void unless the above conditions are made
conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the
expiration of the 404 permit.
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 5:00pm,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 DEQ as follows:
Mr.Bill F.Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
This the 21st day of October,2021
DIVISION OF WATER RESOURCES
DocuSigned by:
9C9886312DCD474...
S.Daniel Smith
Director
WQC No.004116
'rtE Q ,} North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000