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Home My WebLink About20161268 Ver 1_20161268 v.5 Approval Letter_20220120 DocuSign Envelope ID: 1 F491 F00-354A-4AAE-B647-50A2B98B0204 ---:,„,srnrf o, ROY COOPER 15. �, �_ o, Governor -`^ ELIZABETH S.BISER Secretary ,*''f QuAmvo.0*_ S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality January 20,2022 Mason Herndon,Project Development Environmental Engineer NC DOT Division 3 5501 Barbados Blvd. Castle Hayne,NC 28429 Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for the proposed Hampstead Bypass(Beane Wetland Mitigation Site)in New Hanover County,State Project No.40237.1.2,TIP R-3300. NCDWR Project No.20161268 v. 5 Dear Mr.Herndon: Attached hereto is a modification of Certification No.WQ004116 issued to The North Carolina Department of Transportation(NCDOT)dated June 5,2017 and modified on March 1,2019,June 17,2020,October 22,2021. If we can be of further assistance,do not hesitate to contact us. Sincerely, ,—DocuSignned by: C�,Q.pm...1\., s`--9C9886312DCD474... J.1/CU11G1 annul,L111Gt.ilor Division of Water Resources Attachments: Electronic copy only distribution: Brad Shaver,US Army Corps of Engineers,Wilmington Field Office Mason Herndon,NC Department of Transportation Chris Rivenbark,NC Department of Transportation Amanetta Somerville,US Environmental Protection Agency Gary Jordan,US Fish and Wildlife Service Travis Wilson,NC Wildlife Resources Commission Stephen Lane,NC Division of Coastal Management Jason Elliott,NCDOT,Natural Environment Section(only if on-site mitigation) Beth Harmon,Division of Mitigation Services(only if DMS Mitigation proposed) Hannah Sprinkle,NC Division of Water Resources Wilmington Regional Office File Copy D _E O""" North 512North Carolina DepartmentSalisburyStreet1 of 1617 EnvironmentalMailServiceCenter I Raleigh Quality I Division of WaterNorthCarolina Resou27rces699-1617 NORTH CAROLINA , Departmentmemmnmrmiouaug\ 919.707.9000 DocuSign Envelope ID: 1 F491 F00-354A-4AAE-B647-50A2B98B0204 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 January 19,2022. The authorized impacts are as described below: Stream Impacts in the Cape Fear River Basin Site Type Permanent Temporary(ac) (ac) T-2 Fill 0.047 T-4 Stream 0.106 Plugs T- Fill 0.059 5/16/FSH T-5/19 Fill --- 0.583 T-10/18/21 Fill 0.833 T-11 Fill --- 0.926 T-12 Fill --- 0.474 T-13 Fill --- 0.201 T-14/15 Fill 0.635 T-16/17 Fill 1.390 T-20 Fill --- 0.203 Total 5.506 Wetland Impacts in the Cape Fear River Basin Permanent Temporary Site Activity Impacts Impacts (ac) (ac) FWC1 Clearing& 3.682 Grubbing FWC2 Clearing& 18.951 Grubbing FWC3 Clearing& --- 0.001 Grubbing FWD Clearing& 31.625 Grubbing MWA Clearing& 24.122 Grubbing MWI Clearing& 0.099 Grubbing TWA Clearing& 0.001 Grubbing Total 78.481 FWC4 Grading 0.017 MWC2 Grading 0.002 MWG Grading 0.080 Total 0.099 Total Wetland 78.58 Impacts DocuSign Envelope ID: 1 F491 F00-354A-4AAE-B647-50A2B98B0204 The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear 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 January 19,2022. 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. Condition(s)of Certification: 1. This modification is applicable only to the additional proposed activities for the R-3300 Bean Mitigation Site. 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: (919)431-3000,Facsimile: (919)431-3100 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 3 DocuSign Envelope ID: 1 F491 F00-354A-4AAE-B647-50A2B98B0204 This the 20th day of January,2022 DIVISION OF WATER RESOURCES rDocuSigned by: am, C—krcupetka,n, 9C9886312DCD474... S. Daniel Smith Director WQC No. 004116 DocuSign Envelope ID: 1 F491 F00-354A-4AAE-B647-50A2B98B0204 E.Mc STATE oo",� ROY COOPER 11. oe =A Governor ELIZABETH S.BISER .v, Ai Secretary S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality 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 D_ OOO""" 512 E Q NorthNorth CarolinaSalisbury DepartmStreetent1 of 161 Environmental7MailService Center I Raleigh Quality I Division of WaterNorthCarolina Resou27rces699-1617 NORTH CAROLINA , Department of Environmental Quality � 919.707.9000