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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 attachment to report.Spam@nc.gov<maiIto: report.spam@nc.gov> W 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 0 \U(� /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