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Home My WebLink About20161268 Approval Letter v.7DocuSign Envelope ID: 988B1F31-07F9-4EA4-9E3E-B80C84E7E01E ROY COOPER = �o Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, f R. NORTH CAROLINA Director Environmental Quality April 26, 2023 Mason Herndon, Project Development Environmental Engineer NCDOT 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.7 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 March 1, 2019, June 17, 2020, October 22, 2021, January 20, 2022 and August 25, 2022. If we can be of further assistance, do not hesitate to contact us. Sincerely, DOCUSigned by: Q*4pKA \- 9C9886312DCD474... Richard E. Rogers, Jr., Director Division of Water Resources Attachments Electronic copy only distribution: Thomas A. Steffens, USACE Washington Regulatory Field Office (via email) Jon Giles, Division 3 Environmental Officer Gary Jordan, US Fish and Wildlife Service Travis Wilson, NC Wildlife Resources Commission Cathy Brittingham, NC Division of Coastal Management Steven Lane, NC Division of Coastal Management 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: 988B1F31-07F9-4EA4-9E3E-B80C84E7E01E 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 April 17, 2023. This certification authorizes the NCDOT to impact an additional 0.164 acres of jurisdictional wetlands and in Pender County. The authorized impacts are as described below: Wetland Impacts in the Cape Fear River Basin Fill Fill Excavation Mechanized Hand Total Site 19 permanent temporary permanent Clearing Clearing Wetland (ac) (ac) (ac) (ac) (ac) Im(ap act Original approved 33.845 --- 0.237 3.717* --- 37.799 impacts Additional impacts 0.129 --- --- 0.035 --- 0.164 * 0.012 ac. of -L- Alignment Mechanized Clearing Converted to -DRW3- Alignment Permanent Fill * SR 8 eliminated from the project Total Permanent Wetland Impacts: 0.164 acres 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 April 17, 2023. 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. 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)] 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: 988B1F31-07F9-4EA4-9E3E-B80C84E7E01E 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: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 DEQ as follows: Mr. Bill F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center This the 26t' day of April 2023 DIVISION OF WATER RESOURCES DOCUSigned by: Q* p KAA\. 12DCD474 Richard E. Rogers, Jr. Director WQC No. 004116 DocuSign Envelope ID: 988B1F31-07F9-4EA4-9E3E-B80C84E7E01E ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director �<rse wM+vm9'i NORTH CAROLINA Environmental Quality NCDWR Project No.: Applicant: Project Name: County: 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: 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 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 Date Registration No. North Carolina Department of Environmental Quality I Division of Water Resources IDWE Q�: 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 w imv.rory �rr�`�