20080737 Ver 10_Approval Letter_20181018

NOR T H CAROLINA
ROY COQPER fnWronmentclQea(Ity
Gmrvnd
MICHAEL S. REGAN
sParra.y
UNDA CULPEPPER
rrtt:,nn otireara
October 18, 2018
Mr. Philip S. Harris. I11, P.E., CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed improvements to the Fayetteville outer Loop (FaOL) from 1-
95 South of Fayetteville to NC 24-87 in Cumberland, Hoke, and Robeson Counties. Federal Aid Projec[
No. NHP-0620(03I), State Project N0. 348173.13, TIP Nos. X-0002 B&C, and U�519 AA, AB, BA,
BB, CA, CB, DA, 3z E.
NCDWR Project No. 20080737 V10
Dear Mr. Harris:
Attached here[o is a copy of the modifica[ion of Certification No. 3758 issued ro The North Carolina Department of
Transportation (NCDOT) dated October 6, ?008, and modifications dated June 3, 2010, December 16, 2010, May
22, 2014. January 19, 2017, March 29, 2017, April 28, 2017, May 5, 20U, January 29, 2018 and June 21, 2018.
This modification of U-2519 AA and AB is an approximately SJ3 mile section of the Fayetteville Outer Loop that
begins south of SR 1003 (Camden Road) and extends to Interstate 95.
If we can be of further assistance, do not hesitare to contact us.
Sincerely,
; � � �-���� ��r
`�.mda Culpepper, In[erim Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Liz Hair, US Army Corps of Engineers, Wilmington Field Office
Jim Rerko, Division 6 Environmental Officer
Chris Rivenbark, NC Department of Transportation-Environmental Analysis Unit
�:���..,� Q�,�
North Carolina Department of Environmen[al Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
� �

Tyler Stanton, NC Departmen[ of Transportation-Environmental Analysis Unit
Chris Militscher, US Envirorunental Pratection Agency
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Cammission
Joanne Steeuhuis, NC Division of Water Resources Wilmington Regional Office
EPUCg�ncdot.�ov

This is a Modification 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 authorizes the NCDOT to impact 9.645 acres of jurisdictional wetlands
(permanently impacting 9.235 acres) and 5768 linear feet of jurisdictional streams (4,7191inear feet of permanent
impacts) in Cumberland County. The project shall be constructed pursuant to the application dated received
September 18, 2018. The authorized impacts are as described below:
Stream Im acts in the Ca e Fear River Basin
Site Permanent Fill in Temporary Fill Permanent Temporary Total Stream Stream
Intermittent Stream in Intermittent Fill in Fill in Impact Impacts
(linear ft) Stream (linear Perennial Perennial (linear ft) Requiring
� ft) Stream Stream (linear • Mitigation
, (linear ft) ft) (linear ft)
3(L 30+88 to 300 43 343 N/A
31+69)
4(L 36+56 to 78 35 113 N/i4
37+03)
5(L 38+17 to 31 31 N/A
38+93)
8(L 75+02 to 518 85 603 518
79+96) �
8* Bank 35 35 N/A
Stabilization
9(L 85+99 to 525 101 626 N/A
89+87) �
10 (L 97+22 to 445 110 555 N/A
99+80)
12 (L 115+50 to • 522 232 754 522
123+12)
'13 (L 123+72 to 121 . 9 130 N/A
123+74)
13* Bank 44 44 N/A
Stabilization
13 (L 123+72 to 442 442 N/A
123+74)
13 (L 123+72 to 173 10 183 N/A
123+74)
14 (L 168+35 to 515 42 557 515
173+74)
14* Bank 125 125 N/A
Stabilization

15 (L 248+32 to 35 35 N/A
248+51)
15 Work bridge 30 30 N/A
23 (Y2 15+90 to , 49 6 55 N/A
19+16)
24 (Y4 36+27 to 48 114 . 162 N/A
41 +34)
24* Bank 79 . 79 N/A
Stabilization
27 (Y7 66+35 to 90 87 177 N/A
66+64)
27* Bank 69 69 N/A
Stabilization
28 (Y7 84+38 to 416 416 416
87+88)
29 Y10 58+94 to 83 . 83 N/A
61+31 Bridge
29 Work bridge 31 31 N/A
30 (Y10 87+68 to 90 90 N/A
88+37)
1963 299 2756 750 5768 1971
Total
Total Stream Impact for Project: 5768 linear feet'1'otal Yermanent stream impacts 4719 linear ieet.
Wetland Im acts in the Ca e Fear River Basin
Site Fill Fill Excavation Mechanized Hand Area Total
(ac) (temporary) (ac) Clearing Clearing under Wetland
(ac) (ac) (ac) Bridge Impact (ac)
(ac)
1(FLYBD- 20+10 to 23+24) 0.573 0.036 0.609
2(Y4-24+18 to 26+65) 0.035 � 0.060 0.095
3(L 30+88 to 31+69) 0.006 0.023 0.006
5(L 38+17 to 38+93) 0.014 0
6(L 37+55 to 44+55) 2.201 0.285 2.486
8(L 75+02 to 79+96) 1.933 0.027 0.114 0.106 2.074
15 (L 248+32 to 248+51) 0.002 0.002 0.002
Bridge 0.051 0

16 (L 256+22 to 256+64 LT) 0.062 0.013 0.014 0.089
17 (L 257+79 to 258+87) 0.148 0.023 0.171
18 (L 261+09 to 262+60) 0.495 0.088 0.583
19 ( L 263+85 to 267+61) 1.551 0.144 0.171 1.866
20 (Y1 31 +39 to 31 +80) 0.063 0.034 0.097
21 (Y1 65+90 to 67+57) 0.200 0.067 0.267
22 (Y 95+78 to 99+57) 0.139 0.110 0.139
� 23 (Y2 15+90 to 19+16) 0.145 0.126 0.271
24 (Y4 36+27 to 41 +34) 0.332 0.410 0.190, 0.742
25 (Y5 93+83 to 94+10) 0.010 0
26 (Y5 88+85 to 89+44) 0.013 0.020 0.033
29 (Y10 58+94 to 61+31) 0.024 0.340 0.024
Work bridge 0.1.10 0
30 (Y10 87+68 to 88+37) 0.061 0.030 0.091.
7.959 0.410 0.208 1.068 0.956 0 9.645
Total �
Total Wetland lmpact tor rro�ect: y.b45 acres. rotai permaneni impacis y.LJJ iiCfCJ
• No utility impacts.were included due to proposed directional bore for jurisdictional areas
O en Water Im acts in the Ca e Fear River Basin �
Site Permanent Fill in Open Temporary Fill in Open Total Fill in Open Waters (ac)
Waters (ac) Waters (ac)
3(L 30+88 to 31+69) , 0.031 0.004 � 0.035
4(L 36+56 to 37+03) 0.003 0.001 0.004
5(L 38+17 to 38+93) 0.009 0.009
8(L 75+02 to 79+96) 0.076 � 0.012 0.088
Bank Stabilization 0.007 0.007
9(L 85+99 to 89+87) 0.082 0:0.15 0.097.
10 (L 97+22 to 99+80) 0.048 � 0.012 0.060
12 (L 115+50 to 123+12) 0.103 _ 0.045 0.148

13 (L 123+72 to 123+74) 0.055 0.002 0.057
Bank Stabilization 0.007 .007
14 (L 168+35 to 173+74) 0.105 0.009 0.114
Bank Stabilization 0.028 0.028
15 (L 248+32 to 248+51) 0.002 0.004 0.006
Workbridge 0.010 0.010
23 (Y2 15+90 to 19+16) 0.015 0.002 0.017
24 (Y4 36+27 to 41+34) 0.00�8 0.033 0.041
Bank Stabilization 0.025 0.025
27 (Y7 66+35 to 66+64) 0.017 0.017 0.034
Bank Stabilization 0.015 0.015
28 (Y7 84+38 to 87+88) 0.073 0.073
29 (Y10 58+94 to 61 +31) 0.021 0.021
Workbridge 0.008 0.008
30 (Y10 87+68 to 88+37) 0.004 0.004
0.704 0.204 0.908
Total
Total Open Water Impact for Project: 0.908 acres. Permanent imqacts 0.704 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 only valid for the purpose and design that you submitted in your application dated received
September 19, 2018. 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 1501inear 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 additional proposed activities listed in this certification. 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, January 19, 2017, May 5, 2017 and June 21, 2018 still apply except where superseded by
this certification.

2. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-construction
meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the
potential issues with stream and pipe alignment at the permitted site. NCDWR staff shall be invited to the
pre-construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3)
For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
Reclamation measures and implementation shall comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.
The sediment and erosion control measures for the borrow sites will need to be recorded on the NPDES
forms and maintain as such. � ' '
4. Erosion and sediment control practices must be in full compliance with all specif cations governing the
proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3):
a. The erosion and sediment control measures for the project must be designed, installed, �
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance'of the sediment and erosion control
measures must be such that they equal, or ezceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall
be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining.Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation P.ollution Control Act.
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 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 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 state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.

1'he peNtion 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.
T'he mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone:[phone], Facsimile:[phone]
A copy of the petiHon must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Depardnent of Env'vonmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This the 18th day of Octaber 2018
IVISION OF WATER RESOURCES
� ���"'--- �.�-r- �
Linda Culpepper, Interim Director
WQC No. 3758

ROY COOPER
cm.mM
MICHAEL S. RECAN
$PC1P7al"Y
LINDA CULPEPP£R
lrtferim D+rerta
NOR7H CAROi�INA
Envtronmento! Quallry
NCDWR Pruject No.: 20080737 V 10 County: Cumberland
ApplicanC
Project Name:
Date of lssuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent moditications, the applicant is required to remrn this certificate to the 401 Transportation Permitting
Uni[, North Carolioa Division of Wa[er Resources, I617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applican[, the applican['s aufhorized agent, or [he projec[ engineer. It is not
necessary to send certificates froin all of these.
App/lcant's CerriJlcalion
1, , hereby state 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
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Si�nature: Date:
AgenY.s Cer�ificalion
I, , hereby state that, [o the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed [o be buil[ within substantial
compliance and intent of the 401 Water Quality Certitication and Duffer Rules, the approved plans and
specificztions, and other supporting materials.
Signamre:
G�igineer's Cerrificnlion
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized [o observe (periodically, weekly, full time) the construction of the project for the
Pennittee 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 Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registra[ion No.
,...�.. � ��,�
North Carolina Department of Environmenta� Qualiry I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919707.9000