20120935 Ver 3_Approval Letter_20151015

North Carolina Department of Environmental Quality
Pat McCrory
Governor
Mr. Colin Mellor, Group Leader
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Donald R. van der Vaart
Secretary
October 15, 2015
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federai Clean Water
Act with ADDITIONAL CONDITiONS for proposed construction of an extension of SR l 163(Old
Georgetown Rd) from SR 1 184 (Ocean Isle Beach Rd) to NC 179 in Brunswick County, State Project
6.231023, WBS 35501.1.1, TIP R-3432.
NCDWQ Project No. 20120935v.3
NCDWQ Certification No. 3948
Dear Mr. Mellor:
Attached hereto is a modification of Certification No. 3948 issued to The North Carolina Department of
'I'ransportation (NCDOT) dated January 4, 2013 and modification dated May 30, 2014.
(f wz ca.-� be of furtl-,er assistance, do noi h:s;rate ia contact ��s.
Sincerely,
`�'�„
,
S. ay Zimmerman, Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Ot�ice
Stoney Mathis, Division 3 Environmental Officer
Chris Rivenbark, NC Department of Transportation
Travis Wilson, NC Wildlife Resources Commission
Stephen •Lane, NC Division of Coastal Management
Jasan Elliott, NCDOT, Natural Environment Section
Beth Harmon, Division of Mitigation Services
File Copy
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] \ Internet: www.nctlenr.gov
An Equal Opportunity IAffrmative 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 �5 NCAC 2H
.0500. This certification authorizes the NCDOT to impact an additional 97 linear feet of jurisdictional streams and 0.01 acres
of surface waters in Brunswick County. The project shall be constructed pursuant to the revised modification dated received
October 12, 2015. The authorized impacts are as described below:
Stream Im acts in the Lumber River Basin
Site Permanent Temporary Permanent Temporary Bank Total Stream
Fill in Fill in Fill in Fill in Stabilization Stream Impacts
Intermittent Intermittent Perennial Perennial (linear ft) Impact Requiring
Stream Stream Stream Stream (linear ft) Mitigation
(linear ft) (linear ft) (linear ft) (linear ft) (linear ft)
Original approved impacts at
Site SAB (Sta, 29+37 to 97' 10 39 5 28 179 0
29+83-Y 10-)
Revised impacts with this
approval at Site SAB, (Sta, 97* 10 39 5 28 179 164
29+37 to 29+g3-Y10-)
Revised Total 97* 10 39 5 28 179 164
Kev�sed l ota7 �trearn �m�act ior ��t2 �,�v�s: i iy o�near reei
*Rip rap to be added to bed and banl:s of relocatcd channe! requir:ng additional mitigation.
O en Water Tributar Im acts in the Lumber River Basin
Site Permanent Fill in Temporary Fill in Total Fill in Open
Open Waters (ac) Open Waters (ac) Waters (ac)
Original approved impacts at Site 1(Sta.
46+95/49+28 -L- 0.03 < 0.01 0.03
New additional impacts with this approval at Site 1
(Sta. 46+95/49+28 -L- 0.01 0 0.01
Revised Total 0.04 < 0.01 0.04
Itevised 'rota� upen water impact tor ��te i: u.u4 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 12, 2015. All the authorized activities and conditions of certification associated with the original Water Quality

Certification dated January 4, 2013 and subsequent modification dated May 30, 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
properiy 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 1501inear feet, respeciively, additioiial compensatory mitigation may be required as described iii
1 SA 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, 2013 and
subsequent modification dated May 30, 2014 still apply except where superseded by this certification.
2. Compensatory mitigation for 164 linear feet of additional impact to streams is required (new project total of stream
impacts requiring compensatory mitigation is 364 linear feet). We understand that you have chosen to perform
compensatory mitigation for impacts to streams through the North Carolina Division of Mitigatian Service (DMS).
(formerly NCEEP), and that the DMS has agreed to impiement the mitigation for the project. The DMS has
indicated in a letter dated September 29, 2015 that they will assume responsibility for satisfying the federal Clean
Water Act compensatory mitigation requirements for the above-referenced project, in accordance with the DMS
Mitigation Banking Instrument signed July 28, 2010.
Violations of any condition herein set forth may result in revocation of this Certificat:on and may result in crim:na! 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 �ict�Permit. This Certification shali expire upon the expiration of the �104 or CAMA
pei-mit.
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 S: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: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follaws:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center

This the 15th day of October 2015
���
DIVISION OF WATER RESOURCES
S. Jay Zimmerman, Director
WQC No. 3948

North Carolina Department of Environmental Quality
Pat McCrory
Governor
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Donald R. van der Vaart
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, 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 C ertificatiai
[, ; hereby state that, to the best of my abilities, due care and diligence
was used in the abservation 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
Registration No. Date
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] \ Internet: www:ncdenr.gov
An Equal Opportunity 1 Aff rmative Action Employer