20070047 Ver 1_Approval Letter_20071029

O~O~ W ~ T~~p~ Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
~ ~- Coleen H. Sullins, Director
.:,1 Division of Water Quality
o v, ~
~~.~.~
October 29, 2007
Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS Proposed Construction of Second Bridge to Oak Island in Brunswick
County, Federal Aid Project No. STP-1105(6), State Project No. 8.2231201, TIP Project No. R-2245._
DWQ Project No. 20070047 (v.2), Individual Certification No. 3608
Dear Dr. Thorpe:
Attached hereto is a modification of Certification No. 3608 issued to The North Carolina Department of
Transportation dated February 19, 2007, with correction dated February 21, 2007.
If we can be of further assistance, do not hesitate to contact us.
Sin ly,
Lr,
___.
oleen H. Sulli ~~
Director
Attachments
cc: Dave Timpy, US Army Corps of Engineers, Wilmington Field Office
Jennifer-Frye, US Army Corps of Engineers, Wilmington Field Office
Chris Militscher, Environmental Protection Agency
Kathy Matthews, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission.
Gary Jordan, US Fish and Wildlife Service
Steve Sollod, Division of Coastal Management
Ken Averitte, DWQ Fayetteville Regional Office
File Copy
None Carolina
Transportation Permitting Unit ~UtIICR~t'l,
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http_I/h2o.enr.state.nc.us/ncwetlands
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
401 Water Quality Certification Pursuant to Section~4ITIONS Federal Clean Water Act with
ADDITIONAL CO
RTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500
THIS CE
and 95-217 of the United States and subject to the Nort ut aorolzes tDhevNCDOT toaimpaQct 22.798 acrQes of
Regulations in 15 NCAC 2H .0500. This certification a g~ 2007 and the
'urisdictional wetlands, 0.126 acres of open water, and 3541inear feet of jurisdictional streams in Brunswic
~ p lication dated received Janus 30, 2007, and
County. The project shall be constructed pursuant to the a p 19, 2007, January
subsequent supplemental information submittals dated received January
October 9, 2007. The authorized impacts are as described below: original Certification
ed with
Open Water
Site
3
4
5
Total
Site
4
Total
acts in the Lumber River Basin Approv Fill ;<n
Permanent Fill in
Open Waters (ac;
0.001
0
0.068
0.069
Temporary
Open Waters (ac)
0.029
0.006
0.012
0.047
Water Im acts in the Lumber River Basin A roves v
Permanent Fill in Temporary Fill in
O en Waters ac O en Waters ac
0.001 0.029
0 0.006
0.078 0.012
0.079 0.047
Difference Between Initial and 0.010
Modified Totals
1 O en Water Impact for Protect 0 126 acres
0
Total Fill in Open Waters
0.030
0.006
0.080
0.116
This Certification
Total Fill in Open Waters
lac)
0.030
0.006
0.090
0.126
0.010
Tots p
he a lication provides adequate assurance that the discharge) f msn w 11 not result in a violation of tuber
T pp
River Basin or wetlands in conjunction with the proposed e p
licable Water Quality Standards and discharge guidelinesc Thes 301e302e 303e306, 307 of PLi92 SOOland
app licable ortions of Se
that this activity will not violate the app ~ p lication and conditions hereinafter set forth.
PL 95-217 if conducted in accordance with the app
a royal is only valid for the purpose and design that you submitted in your modified application dated
This pp
received October 9, 2007. All the authorized activities00 land t e subsequent supplementalanform t on
original Water Quality Certification dated January 8, 2 p hcation. If
19, 2007 and January 30, 2007 still apply except where superseded by this
submittals dated received January
certification. Should your project change, you are required to notify the DWQ and submit a new a p
e is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby
the prop rty
Bible for complying with all the conditions. If any additional ecti el i addit oval compensatory 'for this
respon
project (now or in the future) exceed one acre or 1501inear feet, rep For this approval to remain
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7)• ou should obtain all other
valid, you are required to comply ~'it ~ seeding w th your project n luding (but not limited to) Sediment and
federal, state or local permits before p N "e Carolina
.~aturallrt
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]nternet: htt :(/h2o.enr.state.nc.uslncwetlands
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o~oF w x r~~pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
~ Coleen H. Sullins, Director
t~' Division of Water Quality
~ .~
o -~
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. The only modifications to the design of the project authorized under this certification are those
submitted in your application dated received October 9, 2007. All authorized activities and conditions
of certification associated with the original Water Quality Certification dated January 8, 2007 and all
other corresponding modifications still apply except where superceded by this certification.
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 LAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within
sixty (60) days following receipt of this Certification. This request must be in the form of a written petition
conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original
Certification, you have the right to an adjudicatory hearing on the modifications upon written request within
sixty (60) days following receipt of the CertiEcation. Unless such demands are made, this Certification shall be
final and binding.
This the 29th day of October 2007
DIVISION OF WATER QUALITY
~~
Coleen H. Sullins
Director
WQC No. 3608
No °hCarolina
Transportation Permitting Unit ~atllCally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet htta:/1h2o.enr.state.nc.us/ncwetlands
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