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Home My WebLink About20080737 Ver 8_Approval Letter_20180129E/IV!/�OIl/71P/l (C7j Quality January 39, 301 S Mr. Philip S. Harris. II1. P.E.. CPM Natural Environmen[ Section F�lead Project Developmen[ and Gnvironmental Analysis North Carolina Departmrm of Transporta[ion Ii98 Mail ServiceCenter Raleigh. North Carolina, 27699-Ii98 ROY COOPER r;in�r,�,r,rt MICHAEL S. REGAN �rr��rron LINDA CULPEPPER i,��,,�,,,, v;��<«�,� Subject: Modification to �he 401 Water Quality Certitication Pursuant ro Section 401 ofthe 1=ederal Clean Water Act with ADDITIONAL CONDITIONS for Proposed improvzments �o Fayetteville Outer Loop from I-95 South of Fayetteville lo NC 2d-87, in Cumberland, Hoke and Robeson Counties, Federal Aid Pro_ject No. NHP-0620(031), State Project No. 348173.13, l'IP Nos. X-00? BRC. and U-ZS 19 AA. AB. BA, BB, CA, DA, and E. NCDWR Project No. ?0080T7 v.8 Dear Mr. Harris: Anached hereto is a moditication of Certitica[ion No37i8 issued to The North Carolina Department of Transportation (NCDOT) dated October 6, 2008, and moditic�[ions da[ed June ;. 3010, Uecember 16, 2D 10, May 3?, ?014, hme ?4, ?014, January 19, ?017, March 29, ?01 Z April 28. 3017. and May >, 2017. ihis moditicatiun is tbr the additional iinpac[s as a resul[ of Duke Progress Energy's (UEP) relocation oftransmission lines alon_ the Fayctteville Outer Loop. If we can be of further assistance, do not hesi[a[e to contact us. Sincerely, /��1�� ..� Linda Culpepper, Interim Director Division of Water Resuurces Attachments Electronic copy only disiribution: L,iz Hair, US Army Curps ofF.ngineers, Wilmin�ton Field Office 1im Rerko, Division 6 Environmental Officer Colin Mellor, NC Departmen[ of Transportation Chris Rivenbark, NC Department of Transportation Chris Militscher. US Environmen[al Protection Aeencv Garv Jordan, US Fish and Wildlife Service Travis Wils'on. NC Wildlife Resources Commission Joanoe Steenhuis, NC Division of Water Resources Wilmin,ton Regional Of1ice File Copy Statc nYNonh Camhn� I ��,naironmen[al lJuuhn Ini7Mail5cruccCrnlrr'Ralcieh NnrlhCarnlum2��+��-Itil� 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 and I SA NCAC 2B. This certification authorizes the NCDOT to impact an additional 0.234 acres of jurisdictional wetlands. The project shall be constructed pursuant to the modification dated received January 16, 2018. The authorized impacts are as described below: Wetland Im acts in the Ca e Fear Itiver Basin Site Fill Fill Excavati Mechanized Hand Area under Total (ac) (tempor on Clearing Clearing Bridge Wetland ary) (ac) (ac) (ac) (ac) Impact (ac) (ac) New additional impacts with 19 sqft this approval at Site 2 (0.004 ac) 608+55- L-RT New additional impacts with 0.23 this approval at Site 5 669=55/670 +34- L-RT 0.004 ac 0.23 ac 0.234 ac Total 1'otal Wetland lmpact ior lVloqii�cat�on: U.Ls4 acres. The application provides adequate assurance that the discharge of fill material into the wetlands 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 January 16, 2018. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated October 6, 2008 and modifications dated June 3, 2010, December 16, 2010, May 22, 2014, June 24, 2014, January 19, 2017, March 29, 2017, Apri128, 2017, and May 5, 2017 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 I50 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 Stor►nwater, 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 October 6, 2008 and subsequent modifications dated June 3, 2010, December 16, 2010, May 22, 2014, June 24, 2014, January 19, 2017, March 29, 2017, Apri128, 2017, and May 5, 2017 still apply except where superseded by this certification. V iolations 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 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 oftice 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 Otlice of Administrative Hearings accepu 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 Adminisuative 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: (9l9) 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 Raleigh, NC 27699 This the 29th day of January 2018 DIVISION OF WATER RESOURCES /�� Linda Culpepper, Interim Director WQC No. 3758 Environmenfc�l QUallfy NCDWR Project No.: County: Applicanl: Project Name: Date ot Issuance of 101 Wa[er Quality Certification: ROY COOPER r;��r„�,�, MICHAELS.REGAN �. <��, r�� LINDA CULPEPPER Lqvrint (lirritoi� CertiPca[e of Comple[ion Upon completion of'all ��ork approved wi[hin the 401 Water Quality Certification or applicable [3uffer Rules, and am� subsequent modifications, lhe applicant is reyuired to return this certificate [o [he 401 Transporta[ion Permiltin, Unit. North Carolina Division of Water Resources. 1617 Mail Service Center, Raleigh, NC 27699-1617. This ti�rm may be returned to NCDWR by the applicant. the applicant's authorired a�tent, or the pr�ject engineer. It is not necessan� to send certiticates from all of these. .4pplicanl's Cerlification I, _, hereby s[ate lhat, [o the best of m� abilities, due care and diligence was used in [he observatiun of the construc[ion such that the construction ti�as observed to be buill H�ithin subs[antial compliance and inten� of the 401 Water Quali[y Certificatiun and Bulter Rules, d�e approved plans and specifications, and other supporting ma�erials. Sienature: Datc: Agent's Certiftcntiat I. , hereby state that. to the bes[ of my abilitios. due care and diligence was used in the observa[ion of the con�truction such [hat the construction was ubserved w be built wilhin subs[antial compliance �nd intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and spzcitications.. and other supporfing ma[zri�ls. Si_nature: Engineer'.s Cerfificnlinn Partial final Date: I, , as a duly rceistered Profzssional En,ineer in the St�te of North Carolina, having been authorized to observe (periodically, weekly, full time) the consiruction ofthe project tbr the Pem�ittee hereby state that, to d�e best of my abili[ies, due care and dili�,ence was used in tlie ubscrvation ol the construction such [hat the cons�ruc[ion was observed lo be built within substan[ial compliance and in[enl of the �401 Wa[er Qualiry Certification and Buffer Rules, the approved plans and specitications, and other supporting materials. Si��nature Registration No. Date Smle nf Nonh Carolnm I Lnvironmentel Qualm InliVI�.nlSeni:.l'.nlcr I2ulniJi Narlh(��rohna'��""-''�i'