HomeMy WebLinkAbout20080737 Ver 10_Corps DA permit modification U-2519 AA AB_20190122Carpenter, Kristi
From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>
Sent: Tuesday, January 22, 2019 3:51 PM
To: Harris, Philip S
Cc: Rivenbark, Chris; Steenhuis, Joanne; Rerko, James J; Chris Militscher
(militscher.chris@epa.gov) (militscher.chris@epa.gov); 'garyjordan@fws.gov'; Stanton,
Tyler P; Travis, Jimmy L
Subject: [External] Corps DA permit modification Fayetteville Outer Loop U-2519 AA AB
Attachments: FOL mod letter AA AB sections.pdf, U-2519 AA AB MRT form-signed.pdf, Fayetteville
Outer Loop (X-0002 BC U-2519 AA AB BA BB CA CB DAE).pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
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Please see attached Corps permit modification letter with attachments for the following project:
Corps AID: SAW-2008-01413
NC DOT TIP: U-2519 AA AB
County: Robeson/Cumberland
*Due to size restrictions, the plans are being sent via an electronic file transfer system.
Please let me know if you require a hard copy.
Thank you,
Liz Hair
Regulatory Project Manager
Wilmington District
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Sara h.e.hair@usace.army. miI
910-251-4049
Liz Hair
Regulatory Project Manager
Wilmington District
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Sarah.e.hair@usace.army.mil
910-251-4049
NOR I H CAROUNA
ROY COOPER Environmental Quality
cove"W
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
October 18, 2018
Mr. Philip S. Harris, III, 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 I-
95 South of Fayetteville 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, CB, DA, & E.
NCDWR Project No. 20080737 V 10
Dear Mr. Harris:
Attached hereto is a copy of the modification of Certification No. 3758 issued to The North Carolina Department of
Transportation (NCDOT) dated October 6, 2008, and modifications dated June 3, 2010, December 16, 2010, May
22, 2014, January 19, 2017, March 29, 2017, April 28, 2017, May 5, 2017, January 29, 2018 and June 21, 2018.
This modification of U-2519 AA and AB is an approximately 5.73 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 hesitate to contact us.
Sincerely,
inda Culpepper, Interim 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
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
Tyler Stanton, NC Department of Transportation -Environmental Analysis Unit
Chris Militscher, US Environmental Protection Agency
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office
EPU@ncdot.gov
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 21-1.0500. 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 (4,719 linear 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 a 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/A
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 Total Permanent stream impacts 4719 linear feet.
Wetland Impacts in the Cape Fear River Basin
Site
Fill
(ac)
Fill
(temporary)
(ac)
Excavation
(ac)
Mechanized
Clearing
(ac)
Hand
Clearing
(ac)
Area
under
Bridge
(ac)
Total
Wetland
Impact (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
0.19Q
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.
Total
7.959
0.410
0.208
1.068
0.956
0
9.645
Total Wetland Impact for Project: 9.645 acres. Total permanent impacts 9.235 acres
• No utility impacts were included due to proposed directional bore for jurisdictional areas
Onen Water Impacts in the Cane Fear River Basin
Site
Permanent Fill in Open
Waters (ac)
Temporary Fill in Open
Waters (ac)
Total Fill in Open 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
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
Total
0.704
0.204
0.908
Total Open Water Impact for Project: 0.908 acres. Permanent impacts 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 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. 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 specifications 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 exceed, 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 Pollution 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 Federal 404 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 8:00am and 5: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
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This the 18th day of October 2018
IVISION OF WATER RESOURCES
J 41�
Linda Culpepper, Interim Director
WQC No. 3758
ROY COOPER
cm�
MICHAEL S. REGAN
so retary
LINDA CULPEPPER
Interim DwWor
NOR! H CAROLINA
Environmental Quality
NCDWR Project No.: 20080737 V 10 County: Cumberland
Applicant:
Project Name:
Date of Issuance 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 modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
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.
Signature:
Agent's Certification
Date:
I, hereby state that, to the best of my abilities, due care and diligence
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.
Signature:
Engineer's Certification
Partial Final
I, as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence 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.
Signature
Date
Registration No.
Pill
Q�.k
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1161.7 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: NC DOT Action ID: SAW-2008-01413
Project Name: Fayetteville Outer Loop/U-2519 AA/AB County: Cumberland
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03030004, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
2,849
5.32
1
3.91
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030005, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
4,273.5
17.05
Mitigation Site Debited: Privateer Farms Mitigation Bank
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 23 November, 2015
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
The original 2008 authorization required compensatory mitigation at a 3:1 ratio for non -riparian wetland impact, 1:1 for
riparian wetland impacts, and 1.5:1 for stream impacts, provided by the Privateer Farms Mitigation Bank. This ratio was
determined to be appropriate because the mitigation site is located in an adjacent HUC (03030005) to the project impacts,
located in HUC 03030004. Please refer to attached debit ledger.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC27587 (email: todd. tugwell@usace. army. mil). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Liz Hair
USACE Field Office: Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Email: sarah.e.hair@usace.army.mil
January 9. 2019
USACE Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mi1.
Page 2 of 2
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the
Customer Satisfaction Survey located at our website at http://regulatorV.usacesurvey.com/ to complete the survey online.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
January 9, 2019
Regulatory Division
Action ID. SAW-2008-01413
SUBJECT: NC DOT TIP No. U-2519 Corps Modification # 6
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Section Head-PDEA
N.C, Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Dear Mr. Harris:
Reference the Department of the Army (DA) permit issued on October 23, 2008, and
subsequent modifications dated December 21, 2010, June 24, 2014, April 25, 2017, March 12,
2018, and July 26, 2018 for the discharge of fill material into waters and wetlands adjacent to
various creeks, and their tributaries in order to construct TIP# U-2519 (Fayetteville Outer Loop
TIP Nos. X-0002 B&C, and U-2519 AA, AB, BA, BB, CA, CB, DA, & E), in Cumberland
County, North Carolina. This was a phased permit; which only authorized work on selected
sections, Other sections were not authorized to commence until final designs were completed,
impacts to waters and wetlands were minimized to the extent practicable, and all modified plans
including, but not limited to, a compensatory mitigation plan were submitted and approved by
the US Army Corps of Engineers (Corps).
Also reference your permit modification request dated September 18, 2018, for construction
authorization on Sections AA and AB. This modification request includes: 1) 9.23 acres of
permanent fill, excavation, and mechanized land clearing in wetlands; 2) 0.41 acre temporary
wetland fill; 3) 0.96 acre hand clearing in wetlands; 4) 4,719 linear feet of permanent stream
channel impact; and 5) 1,049 linear feet of temporary stream channel impact associated with the
road project. This modification presents the final design impacts and a proposed compensatory
mitigation plan for these specific sections (AA and AB) of the Fayetteville Outer Loop.
After review of the information you submitted and the inclusion of the following special
conditions, we have determined that the proposed project modifications described above are not
contrary to the public interest and are consistent with the 404(b)(1) Guidelines. Therefore, the
DA permit is hereby modified for U-2519 section AA and AB with following additional special
conditions. Please be aware that all other conditions of the original permit and previous
modifications remain applicable. Per your request, the permit expiration date is hereby extended
to December 31, 2022.
Additional Special Conditions:
January 9, 2019 Mod. SC 1 - In order to compensate for additional impacts associated
with this permit, mitigation shall be provided in accordance with the provisions
outlined on the most recent version of the attached Compensatory Mitigation
Responsibility Transfer Form. The requirements of this form, including any special
conditions listed on this form, are hereby incorporated as special conditions of this
permit modification authorization.
January 9, 2019 Mod. SC2 - All work authorized by this permit must be performed in
strict compliance with the originally approved application and plans, and/or any plans
previously approved through the subsequent permit modifications. This includes
those received on September 18, 2018, and authorized through this permit
modification.
This approved modification should be attached to the original permit and will be utilized for
future compliance reviews of the project. If you have questions, please contact Liz Hair of the
Wilmington Regulatory Field Office, at telephone (910) 251-4049.
FOR THE COMMANDER
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/Robert J, Clark
Colonel, U.S. Army
District Commander
Enclosures
1) 401 Water Quality Certification Modification dated October 18, 2018
2) Wetland and Stream Impact Drawings revisions dated September 5, 2018
3) Compensatory Mitigation Responsibility Transfer Form
Copies Furnished (electronic):
Ms. Joanne Steenhuis, NCDEQ-DWR
Mr. Chris Rivenbark, NCDOT
Mr. Jim Rerko, NCDOT
Mr. Chris Militscher, EPA
Mr. Gary Jordan, USFWS
Mr. Travis Wilson, NC WRC