20161268 Ver 4_Revised Approval Letter_20211026

DocuSign Envelope ID:3EFE990D-4907-4FBB-910E-88BD7BE07F96
ROY COOPER + ;
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH NORTH CAROLINA
Director Enwfronmenraf Qualify
October 26,2021
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 Department of
Transportation(NCDOT)dated June 5,2017 and modified on March 1,2019 and June 17,2020. This modified
certification replaces the certification issued on October 22,2021.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
,-DocuSigned by:
0. 411.1 ,
s`--9C9886312DCD474...
S.Daniel smith
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
� } North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID:3EFE990D-4907-4FBB-910E-88BD7BE07F96
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 31
Impacts approved with
this modification at Site 115 62 150
31
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) Impact
(ac)
Original approved
impacts for Service Road 35.792 0.0 0.237 3.772 0.0 39.801
8(SR 8)(Site 19)
Impacts approved with
this modification for 33.845 0.0 0.237 3.717 0.0 37.799
Service Road 8(SR 8)
(Site 19)
Difference -1.947 0.0 0.0 -0.055 -- -2.002
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.
� } North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID:3EFE990D-4907-4FBB-910E-88BD7BE07F96
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 26th day of October,2021
DIVISION OF WATER RESOURCES
,-DocuSigned by:
4.449Pi elA,
-9C9886312DCD474...
S.Daniel Smith
Director
WQC No. 004116
� } North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID:3EFE990D-4907-4FBB-910E-88BD7BE07F96
{
ROY COOPER r 1
Governor ;}` -• .71.
MICHAEL S. REGAN --• :' '+� {v
Secretary .o v +
S. DANIEL SMITH +
Director # '}_.,-,,,
NDRTH CAROL!
EnkronmertredOrh II:y
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
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 Resources, 1617 Mail Service Center,Raleigh,NC,27699-1617. This form
may be returned to NCDWR 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 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:
Engineer's Certification
Partial Final
I, ,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 Registration No.
Date
North Carolina Department of Environmental Quality I Division of Water Resources
•_ 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
134•` 1"NMI. 1"°m. 919.707.9000