The URL can be used to link to this page

Home My WebLink About20080737 Ver 9_Approval Letter_20180621Environmenta! Quality June21,2018 Mr. Philip S. Harris, lll, P.E., CPM Natural Environment Section Head Project Development and Environmen[al Analysis North Carolina DepaRment of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 ROY WOPER c;,,�.,,��,. MICHAEL S. REGAN 1'�=�, ��i�u r LINDA CULPEPPER ln�rrim Uirerior Subject: Modifica[ion to the 401 Wa[er Quality Certifica[ion Pursuant [o Section 401 of [he Federal Clean Water Act with ADDITIONAL CONDITIONS for Proposed improvements to Fayetteville Ourer Loop (FaOL) from I-95 Sou[h of Fayet[eville to NC 24-87, in Cumberland, Hoke and Robeson Counties, Federal Aid Project No. NHP-0620(031), State Project No. 34817.3.13, TIP Nos. X-0002 B&C, and U-2519 AA, AB, BA, BB, CA, DA, and E. NCDWR Project No. 20080737 v.9 Dear Mr. Harris: Attached hereto is a moditication of Certification No.3758 issued to The North Carolina Department of Transporta[ion (NCDOT) dated October 6, 2008, and moditications dated June 3. 2010, December 16, 2010, May 22, ?014, June 24, 2014, January 19, 2017. March 29, 2017, April ?8. 2017, May 5, 2017and January 29. 2018. This modification is for the impacts to U-2519 Fayetteville Ourer Loop's BA and BB sections. Section BA is approximately a 3.77 mile section of [he FaOL tha[ be_ins south of SR 1003 (Camden Road) and ex[ends ro sou[h of SR I 104 (Strickland Bridge Road) and the BB portion is a 1.25 mile section that begins south of SR I 104 (Strickland Bridge Road) and ex[ends [o south of US 401. If we can be of further assistance, do not hesitate to contact us. incerely, ,� �,1� � -��/ Lind�Culpepper, Int im Director Division of Water Resources Attachments Electronic copy only distribu[ion: Liz Hair, US Army Corps of Engineers, W ilmington Field Office Jim Rerko, Division 6 Environmental Officer Tyler Stan[on, NC Department of Transportation Chris Rivenbark, NC Depanment of Transporta[ion Chris Militscher, US Environmen[al Protection Agency Gary Jordan, US Fish and Wiidlife Service Travis Wilson, NC Wildlife Resources Commission Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office File Copy State o(Nonh Carolina I Environmen[al Qualiry 1617 Mail Servlce Cenrer I Rale�gh. North Carolina 27h99-1617 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 15A NCAC 2B. This certification authorizes the NCDOT to impact an additiona18.29 acres of jurisdictional wetlands, 1730 linear feet of streams and 0.422 acres of open waters. The project shall be constructed pursuant to the modification dated received June 1, 2018. The authorized impacts are as described below: � Wetland Im acts in the Ca e Fear River Basin Site Fill Fill Excavatio Mechanized Hand Area under Total (ac) (tempo n Clearing Clearing Bridge Wetland rary) (ac) (ac) (ac) (ac) Impact (ac) (ac) 1(BA) [Z60] 1.746 0.103 1.849 2A (BA) [Z59] 2.818 0.085 2.903 2B (BA) [Z 59] 0.115 0.046 0.161 3(BA) [Z57] 0.513 0.192 0.104 0.809 4(BA) [Z56] 0.003 0.008 0.016 0.604 0.631 5 (BA) [Z55] 0.023 0.017 0.040 6(BA) [Z55/pond Z55A] 0.815 0.004 0.109 0.928 7 (BA) [WB] 0.364 0.027 0.391 1 (BB) [Z9] 0.085 0.037 0.122 2 (BB) [Z9] 0.287 0.052 0.339 4(BB) [Z7] 0.046 0.033 0.015 0.094 5 (BB) [WA] 0.003 0.020 0.023 6.815 0.008 0.199 0.649 0.619 8.29 Total Total Wetland Impact for (�ite/Modit3cation): 8.29 acres. Stream Im acts in the Ca e Fear River Basin Site Permanent Fill in Temporary Fill Permanent Fill Temporary Total Stream Intermittent in Intermittent in Perennial Fill in Stream Impacts stream (linear ft) Stream (linear Stream (linear Perennial Impacts Requiring ft) ft) Stream (linear ft) Mitigation ' linear ft linear ft 1(BA) 4941f 13 lf 507 494 L330+46 - 333+76 25 lf 12 lf 37 25 2�sB� �z9� ioo ao i2o ioo 3 BB C 145 60 205 145 4 BB Z7 364 35 399 364 5 BB SA 11 11 11 7 BB Z9 126 36 162 126 8 BB Z9 199 45 244 199 9 BB Z9 45 45 TOTAL 934 241 530 25 1730 1464 Total Stream Impacts for Project (Site Modification): 1730 linear feet O en VNater Im acts in the Ca e Fear Basin Site Permanent Fill in Temporary Fill in Total Fill in Open O en Waters ac O en Waters ac Waters ac 1 BA Z60 i e 0.030 0.002 0.032 1 BA Z60 bank stabilization 0.001 0.001 0.001 6 BA Z 55/ ond Z55a 0.097 0.037 0.134 2 BB Z9 0.010 0.001 0.011 3 BB BC 0.011 0.002 0.013 4 BB. Z7 0.020 0.001 0.021 5 B SA 0.001 0.001 6 BB Z9 0.174 0.174 7 BB Z9 0.012 0.002 0.014 8 BB Z9 0.016 0.002 0.018 9 BB Z9 0.003 0.003 TOTAL 0.372 0.050 0.422 Total Upen Water lmpact for Yroject: U.422 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 June 1, 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, May 5, 2017 and January 29, 2018 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 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 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. Add Project Speci�c Conditions This modifcation 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, May 5, 2017, and January 29, 2018 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 expiraHon 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 fortn 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 Heazings during normal office hours. The Office of Administrative Heatings 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 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: (919) 431-3000, Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Bill F. Lane, General Counsel Departrnent of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699 This the 21 st day of June 2018 D VIS[ON OF W TER RESOURCES ��I . Linda Cu�l epper, [nte Director WQC No. 3738 Environmenlul QUQ�(!}� NCDWR Project No.: County: ApplicanL• Project Name: Date of Issuance of A01 Water Quality Certification: ROY COOPER c;arcnrm MICHAEL S. REGAN ti�-�,�a�� LINDA CULPEPPER Gucrnn Direcror CertiPcate o(Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifica[ions, the applican[ is required to mturn Ihis certifica[e to the 401 Transportation Permittin� Unit, North Carolina Division of Wa[er Resources, 1617 Mail Service Centec Raleigh, NC, 27699-161Z This form may be retumed [o NCDW R by the applicant, [he applicant's authorized agen[, or the project eneineer. It is not necessary to send certificates from all of these. Applicuni's Cer�ificu�inu I. , hereby state that, to the best of my abilities, due care and diligence was used in the observation oFthe construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and specitications, and other supporting materials. Signature: Date: Ageu!'s Cerlifrcalion 1, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construclion was observed to be built within substan[ial compliance and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and specifications, and o[her supporting materials. Signature: Eitgineer's Certificu�r��n Panial Final 1, , as a duly regis[ered Professional Engineer in the State of North Carolina, having been authorized ro observe (periodically, weekly, full time) �he wnstruction of the projecf for the Permittee hereby s[ate [hal, to the best of my abili[ies, due care and diligence was used in the observa[ion of [he construction such that the construction was observed to be built within substantial compliance and intent of the 401 Wa[er Quality Certification and ButTer Rules, the approved plans and specifica[ions, and other supporting ma[erials. Signamre Registration No. Date State ol Nonh Cnmlma � Envimnmental Qualily 1517 Mail Szn icz Center I R�IeiJt North Carohna ?764u-I ��I7