20120935 Ver 2_Approval Letter_20140530

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 30, 2014
Mr. Richard W. Hancock, P.E., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699 -1598
John E. Skvarla, III
Secretary
Subject: After the Fact Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal
Clean Water Act with ADDITIONAL CONDITIONS for Proposed improvements to for proposed
construction of an extension of SR 1163 (Old Georgetown Rd) from SR 1184 (Ocean Isle Beach Rd) to
NC 179 in Brunswick County, State Project 6.231023, WBS 35501.1.1, TIP R -3432.
NCDWR Project No. 20120935 v. 2
Dear Mr. Hancock:
Attached hereto is an after the fact modification of Certification No. 3948 issued to The North Carolina Department
of Transportation (NCDOT) dated January 4, 2013.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
ThoJs A. Reeder Director
Division of Water Resources
Attachments
ec: Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Stoney Mathis, Division 3 Environmental Officer
Cynthia Van Der Wiele, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Steve Sollod, Division of Coastal Management
Sonia Carrillo, NCDWR Central Office
File Copy
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: 919 - 733 -1290
Internet: WWW.ncvvateraualltv.ora
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
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After the Fact 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. This certification authorizes the NCDOT to impact an additional 0.70 acres of jurisdictional
wetlands in Brunswick County. The project shall be constructed pursuant to the modification dated received May
12, 2014 and revisions received May 23, 2014. The authorized impacts are as described below:
Wetland Impacts in the Lumber River Basin non- riverine
Site
Station
Fill
(ac)
Fill
(temporary)
(ac)
Excavation
(ac)
Mechanized
Clearing
(ac)
Hand
Clearing
(ac)
Total
Wetland
Impact
ac
Impacts
Requiring
Mitigation
ac
UTILITIES
U 1*
-Y10- 14 +48 to 14 +73
0
0
0
0
0.04
0.04
0
U 1*
-Y 10- 14 +53 to 18 +08
0
0
0
0
0.32
0.32
0
U2*
-Y 10- 14 +51 to 18 +04
0
0
0
0
0.18
0.18
0
U2*
-Y10- 14 +63, 14 +57, 17 +29
<0.01
0
0
0
0
<0.01
0
U3*
-Y6- 15 +04 to 16 +86
0
0
0
0
0.16
0.16
0
TOTAL
<0.01
0
0
0
0.70
0.70
0
Total Wetland Impact for Modification: 0.70 acres
*these sites were not included in the original authorization request and discovered after impacts had occurred.
The application provides adequate assurance that the discharge of fill material into the waters of the Lumber 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.
This approval is only valid for the purpose and design that you submitted in your modified application dated
received May 12, 2014 and revisions received on May 23, 2014. All the authorized activities and conditions of
certification associated with the original Water Quality Certification dated January 4, 2013 still apply except where
superceded by this certification. Should your project change, you are required to notify the 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 wetland impacts, or stream
impacts, for this project (now or in the future) exceed one acre or 150 linear feet, respectively, additional
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). 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. All of the authorized activities
and conditions of certification associated with the original Water Quality Certification dated January 4,
2014 still apply except where superceded by this certification.

Please be aware that by having impacted wetlands not covered under the original 401 Water Quality
Certification issued to this project without first applying for and securing a modification of the
certification, you have violated Title 15A of the North Carolina Administrative Code (NCAC) 2H.0500.
Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act
whenever construction or operation of facilities will result in a discharge into navigable waters, including
wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person
desiring issuance or modification of the State certification or coverage under a general certification
required- by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water Resources. Pursuant to G.S. 143- 215.6A, these violations and any
future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for
each violation.
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 or CAMA 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:OOam 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: (919)- 431 -3000, Facsimile: (919)- 431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 30th day of May 2014
DIVISION OF WATER RESOURCES
0
Thomas A. Reeder, irector
Division of Water Resources
WQC No. 3948

A4
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
John E. Skvarla, III
Secretary
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, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. 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:
Agent's Certification
Date:
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:
Engineer's Certification
Partial Final
Date:
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
Permiee 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
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: 919 - 733 -1290
Internet: www.ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
Registration No.
Date
NorthCarolina
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