The URL can be used to link to this page

Home My WebLink About20080737 Ver 5_Approval Letter_20170119Wafer Res�ur-ces ENVIRONMENTAL OUAIITY January 19, 2017 Mc Philip S. Harris, II1, P.E., CPM Natural Environment Section Head Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699-I>98 ROY COOPER c�ovrrnr»� M/CHAEL S. REGAN Sccirtm�r S. JAY Z/MMERMAN Direcmr Subject: Moditication to [he 401 Wa[er Quality Certification Pursuant to Sec[ion 401 ofthe Federal Clean Water Act with ADDITIONAL CONDITIONS for Proposed improvements to the Fayetteville Ourer Loop from I-95 South of Fayetteville to NC 24-87 in Cumberland, Hoke and Robeson Counties, Federal Aid Project NoNHF-DPR-0100(001). Stare Project No. 8.2441301, TIP Nos. X-0002 B& C, and U-2519 AA, AB, BA. BB, CA, CB, DA, & E. NCDWR Project No.20080737 v. 5 Dear Mr. Harcis: Attached hereto is a modification of Certification No. 3758 issued to The North Carolina Department of Transporta[ion (NCDOT) dated October 6, 2008 and modifications dated lune 3, 2010, December I6, 2010 and May 22,2014. If we can be of funher assistance, do not hesitate to contact us. Sincerely, �� J ��.� � � S. Jay Zimmerman, Direc[or Division of Water Resources Attachments Electronic copy only distribution: Liz Hair, US Army Corps of Engineers, Wilmington Field Oftice Jim Rerko, Division 6 Environmental Officer Rodger Rochelle, NC Department of Transportation Dc Cynthia Van Der Wiele, US Environmental Protection Agency Travis Wilson, NC Wildlife Resources Commission Joanne Steenhuis, NC Division of Wa[er Resources Wilmington Regional Office File Copy -' �'Nothing Compares - � Stare of North Carolina I Environmen[al Quality 1617 Mail Servite Cenler � Ralt�gh, North Carolina 27699-I FI7 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. This certification acknowledges the NCDOT reduction of permanent wetland impacts by 0.2 acres and the net permanent jurisdictional stream impacts will be reduced by 353 linear feet for sites # 15 and 16 in Cumberland County. The project shall be constructed pursuant to the modification dated received November 23, 2016. The authorized impacts are as described below: Stream Im acts in the Ca e Fear River Basin Site Permanent Temporary Permanent Temporary Total Stream Stream Fill in Fill in Fill in Fill in Impact Impacts Intermittent Intermittent Perennial Perennial (linear ft) Requiring Stream Stream Stream Stream (linear Mitigation (linear ft) (linear ft) (linear ft) ft) (linear ft) Original approved impacts at: Site 15 (TT4 — 54+56 to 58+27) 0 440 40 480 440 Revised impacts with this approval at Site 15 (TT4 — 54+56 to 58+27) 0 0 87 30 117 87 Total iotai �cream impaci ior �ite i�: ii i unear ieet Wetland Im acts in the Ca e Fear River Basin Site Wetland Fill Fill Excavation Mechanized Hand Total Impacts Type (ac) (temporary (ac) Clearing Clear Wetland Requiring ) (ac) ing Impact Mitigation (ac) (ac) (ac) (ac) Original approved impacts at: Site 15 (TT4 — 54+56 to 58+27) NR 0.42 0 0 0.08 0 0.50 0.50 Site 16 (Yl- 39=18 to 40+61) NR 0.15 0 0 0.05 0 0.20 0.20 New additional impacts with this approval at: Site 15 ((TT4-54+56 to 58+27) NR 0.24 0 0 0.06 0 0.30 0.30 Site 16 (Y1-39+18 to 40+61) NR 0.16 0 0 0.04 0 0.20 0.20 Total 1'otal Wetland lmpact tor aites 15 and 16: U.SU 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 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 onty valid for the pwpose and design that you submitted in your modified application dated received on November 23, 2016. All the authorized activities and conditions of ceRification associated with the original Water Quality Certification dated October 6, 2008 and modifications dated June 3, 201Q December 16, 2010 and May 22, 2014 still appty except where superceded by this certification. Should your project change, you are required to notify the NCDWR and submit a new applicatioa If the property is sold, the new owner must be given a copy oFthis 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 fu[ure) exceed one acre or 1501ineaz 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 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 proposed modified reduced jurisdictional impacu. All of the remaining 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 and May 22, 2014 still apply except where superseded by this certification. Viola[ions 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 aze made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall exp've upon the expiration of the 404 or CAMA percnit. If you wish to contest any statement in the attached Certification you must file a petition for an administra[ive 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 behveen 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 fa�ced-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. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center This the 19th day of January 2017 _ DIVISIONOF WATERRESOURCES /\ U � �7 C% - "�C ��°�-., `��-' S. Jay Zimmerman, Director WQC No3758 [/IV(f�0/1 R i r'!l f C! � QUQ�(tf� NCDWR Project No.: Coun[y: Applicant: Project Name: Date oS Issuance of 401 Water Quality Certifica[ion: ROY COOPER t;��,,,�»� M/CHAEL S. REGAN ti�� •«��, � S. JA3' Z/MMERMAN !)irec�or Certificate of Completion Upon completion of all work approved wi[hin the 401 Wa[er Quality Certification or applicable Buffer Rules, and any subsequen[ modifications, the applicant is required to retum this certificate to the 401 Transportation Permittin� Uni[, North Carolina Division of Wa[er Resources, 1617 Mail Service Center, Raleigh, NC, �7699-161 Z This form may be returned to NCDWR by the applican[, the applican['s authorized a�ent, or the project engineec I[ is not necessary to send certificates from all of [hese. ApplrcunPs Certificatinn I, , hereby s[are that, to the best of my abilities, due care and dili;ence was used in the observation of the construction such that the construction was observed to be built within substantial wmpliance and intent of [he 401 Wa[er Quality Certification and Buffer Rules the approved plans and specifications, and other supporting materials. Sienature: Da[e: ,4gent's Certifrcntion L , hereby s[ate tha[, to the best of my abilities, due care and diligence was used in the observation of the consVuction such that the construction was observed [o be built wi[hin substantial compliance and in[en[ of [he 401 Water Quality Certitication and Buffer Rules, the approved plans and specifications. and other supporting materials. Signamre: Date: Eugineer's Certification Partial Final I, , as a duly regis[ered Professional En,ineer in the S[ate of North Carolina, having been authorized to observe (periodically, weekly, full time) the conshuction of the project for the Pemiittee hereby s[ate that, to [he best of my abilities, due care and dilieence was used in the observation of the construction such [hat tlie construction was observed to be buil[ within subs[antial compliance and in[ent ofthe 401 Wa[er Quality Certification and Buffer Rules, [he approved plans and specitications, and other supporting ma[erials. Signature Registra[ion No. lNarhing Compares -- � Siatc of North Carolina I Environmental Quality 1617 Mall Scn�iccCentcr I Ralrigh. North Carolina 2 7699-1 6 1 7 Da[e