20161268 Ver 2_Approval Letter_20190301

ROY COOPER
Governor
MICHAEL S. REGAN
Secretqry
LINDA CULPEPPER
Oirector
NORrHCARouNa
EnvironmentalQuality
March 1.3019
Mason Herndon, Environmental Program Supervisor
NC DOT Division 3
SSOI Barbados Blvd.
Castle Hayne, NC 28429
Sobjech Modification to the d01 Water Qunlity Certification Pursuant to Section a01 of the Federal Clean
Water Act with addi[ional conditions for proposed additional stream impacts to site #27 on the
Military Cutoff Ex[ension project in New Hanover County
TIP U-47$�, NCDWR Project No. 2016126H u. 2
Dear Mr. Herndon:
Attached hereto is a moditication of Certitica[ion No. WQ 0041 16 issued ro The North Carolina Department oF
Transportation (NCDOT) dated June 5, 2017.
If we can be of further assistance, do not hesitate to contact us.
Sincerel�
���/i�i� /
�Lioda Culpepper, Director
Division of Water Resources
Electronic copy only distribu[ion:
Brad Shaver US Army Corps of F.neineers, Wilmin�ton Field Office
Rodger Rochelle, NC Department of Transportation
Chris Rivenbark, NC Department of Transportation
Chris Mili[scher, US Environmental Protection Agency
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Cathy Brittin�ham. NC Division of Coastal Managemen[
Stephen Lane, NC Division of Coastal Management
[3eth Harmon, Division of Mitieation Services
Joanne Steenhuis, NC Division of Water Resources Wilmingron Regional Office
File Copy
D E � � North Carolina Depar[men[ of Envirunmental Quallty I Div37on of Wa1cr Resources
/� Wilmir�y�onRcyional0(fice I IL7CardinalDriveExtension I Wilminy[oRNorthCarolina18405
��^�»M���^•�� . ����.•�� / 910796716
V

Modification to the 401 Water Quality Certi�cation Pursuant to Section 401 of the Federal Clean Water Act
with ADDI'TIONAL 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 12 linear feet of
jurisdictional stream in New Hanover County. The project shall be constructed pursuant to the modification dated
received February 25, 2019. The authorized impacts are as described below:
�tream im acts m tne �:a e rear tc�ver tsasm
Site Permanent Fill Temporary Fill Permanent Temporary Total Stream Stream
in Intermittent in Intermittent Fill in Fill in Impact Impacts
Stream (linear Stream (linear Perennial Perennial (linear ft) Requiring
ft) ft) Stream Stream (linear Mitigation'
(linear ft) ft) (linear ft)
Original approved
impacts at Site 27 544 46 590 544
New additional
impacts with this 12 12 12
approval at Site 27
'Total 556 602 556
Total Stream Impact 602 linear feet
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 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 February 25, 2019. All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated June 5, 2017 still apply except where superseded 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 I 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 WQ 004116
still apply except where superseded 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 Federa1404 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 S:OOpm, except
for official sta[e holidays. The original and one ( I) 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 Adminis[rative Hearings is:
Oftice ofAdministrative 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 follows:
Mr. Bill F. Lane, Geneml Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This the lst day of March 2019
DIVISION OF WATER RESOURCES
� ^
� Linda Culpepper, Director
WQC No.004116