20140022 Ver 2_Approval Letter_20141031

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E Skvarla, III
Governor Secretary
November 13, 2014
Ms. Karen Fussell, P.E., Division Engineer
NCDOT, Division 3
5501 Barbados Blvd.
Castle Hayne, N.C. 28429
Subject: Modification to 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
with ADDITIONAL CONDITIONS for proposed replacements of Bridge Nos. 16 and 20 on NC 211 over
Honey Island Swamp in Brunswick County, State Project No. 17BP.3.R.26.
NCDWR Project No. 20140022v.2
Dear Ms. Fussell:
Attached hereto is a modification of Certification No. 3989 issued to The North Carolina Department of
Transportation (NCDOT) dated April 21, 2014.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,,
l ewz/L)a�l
Thomas A. Reeder, Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Stoney Mathis, Division 3 Environmental Officer
Audrey Burnette, RK &K Engineers
Gary Jordon, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Steve Sollod, NC Division of Coastal Management
Beth Harmon, Ecosystem Enhancement Program
NC Division of Water Resources Raleigh Central Office
File Copy
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Phone: 919 - 807 -63001 Internet: www.ncdenr.gov
An Equal opportunity 1 Affirmative Action Employer

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 1.29 acres of jurisdictional wetlands, in
Brunswick County. The project shall be constructed pursuant to the modification dated received October 31, 2014.
The authorized impacts are as described below:
Wetland Impacts in the Lumber River Basin (rivarian)
Station
Fill
Fill
Excavation
Mechanized
Hand
Total
(ac)
(temporary)
(ac)
Clearing
Clearing'
Wetland
(ac)
(ac)
(ac)
Impact
(ac)
Original approved impacts at Sta. 20 +35 to
0.56
0
0
0.01
0.02
0.59
36 +50
Revised impacts with this approval at Sta.
0.56
<0.01
0
<0.01
0.28
0.84
19 +84 to 45 +00
Original approved impacts at Bridges 16 &
0
0
0
0.01
0.06
0.07
20.
Revised impacts with this approval at Bridges
0
0
0
0.01
0.05
0.06
16 & 20.
Original approved impacts at Sta. 21 +00 to
0.23
0
0
0.16
0
0.39
36+00.
Revised impacts with this approval at Sta.
0.23
0
0
0.16
<0.01
0.39
21 +00 to 36 +00.
Revised Total
0.79
<0.01
0
0.17
0.33
1.29
Total Revised Wetland Impact for Modification: 1.29 acres.
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 October 31, 2014. All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated April 21, 2014 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 April 21,

2014 still apply except where superseded by this certification.
2. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be
accomplished in strict compliance with the most recent version ofNCDOT's Best Management Practices
for Construction and Maintenance Activities.
3. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the
bridge and pre- treated through site- appropriate means (grassed swales, pre- formed scour holes, vegetated
buffers, etc.) before entering the stream. To meet the requirements of NCDOT's NPDES permit
NCS0000250, please refer to the most recent version of the North Carolina Department of Transportation
Stormwater Best Management Practices Toolbox manual for approved measures.
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:
C
Mr. John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This the 13th day of October 2014
DIVISION OF WATER RESOURCES
Thomas A. Reeder, Director
Division of Water Resources
WQC No. 3989

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
1, , 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:
1, , 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:
[, 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
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Phone: 919 - 807 -6300 \ Internet: www.ncdenr,gov
An Equal Opportunity \ Affirmative Action Employer