20080737 Ver 11_Approval Letter_20190715

DocuSign Envelope ID: BFEC83D4-6DB1-4485-8A71-C905D7C9699B
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER NORTH CAROLINA
Director Environmental Quality
July 15, 2019
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: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal
Clean Water Act with additional conditions for proposed additional wetland impacts to sites
22,23 and 24 of 0.111 acres permanent and 0.056 acres temporary impacts and additional
overall stream impacts of 191f permanent and 41f reduction of temporary stream impacts
on the Fayetteville Outer Loop 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 11
Dear Mr. Harris:
Attached hereto is a modification of Certification No. WQ 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, June 21, 2018 and
October 18, 2018.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
nDocuSigned by:
lJ� YAW Q*4pK AA\-
9C9886312DCD474...
Linda Culpepper, Director
Division of Water Resources
Electronic copy only distribution:
Liz Hair, US Army Corps of Engineers, Wilmington Field Office
Jim Rerko, NC Department of Transportation Division 6
Greg Price, NC Department of Transportation Division 6
Tyler Stanton, NC Department of Transportation -Environmental Analysis Unit
Chris Rivenbark, NC Department of Transportation
Chris Militscher, US Environmental Protection Agency
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office
File Copy
North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
Noana GwauNn �
910.796.7215

DocuSign Envelope ID: BFEC83D4-6DB1-4485-8A71-C905D7C9699B
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 authorizes the NCDOT to permanently impact an additional of 0.111
acres permanent and 0.056 acres temporary wetland impacts and an additional overall stream impacts of 19
If permanent and 41f reduction of temporary stream impacts in Cumberland, Hoke and Robeson Counties. The
project shall be constructed pursuant to the modification request dated received June 27, 2019. The authorized
impacts are as described below:
Stream Impacts in the Cape Fear River Basin
Site
Permanent Fill
Temporary Fill
Permanent
Temporary
Total Stream
Stream
in Intermittent
in Intermittent
Fill in
Fill in
Impact
Impacts
Stream (linear
Stream (linear
Perennial
Perennial
(linear ft)
Requiring
ft)
ft)
Stream
Stream (linear
Mitigation
(linear ft)
ft)
(linear ft)
New additional
impacts with this
51
approval at Site 22
Original approved
impacts at Site 23
49
6
55
N/A
New additional
impacts with this
+29
+12
41
N/A
approval at Site 23
Original approved
N/A
impacts at Site 24
48
114
162
New reduction of
impacts with this
-24
-16
-40
N/A
approval at Site 24
Original approved
Bank Stabilization at
79
79
N/A
Site 24
New additional
impacts with this
+14
+14
N/A
approval for bank
stabilization at Site 24
Total
43 (+19
12
55
N/A
overall)
Total Modified Stream Impacts: an additional 191f of permanent and reduce temporary stream impacts by 4 If
Total Updated Stream Impacts for Project: 5783 linear feet
Total Updated Permanent Stream Impacts for Project 4738 linear feet

DocuSign Envelope ID: BFEC83D4-6DB1-4485-8A71-C905D7C9699B
Wetland Impacts in the Cape Fear River Basin
Site
Fill
Fill
Excavation
Mechanized
Hand
Area under
Total
(ac)
(temporary)
(ac)
Clearing
Clearing
Bridge
Wetland
(ac)
(ac)
(ac)
(ac)
Impact (ac)
Original approved impacts
at Site 22
0.139
0.110
(Y1 95+78 to 99+57)
New additional impacts
+0.029
+0.058
+0.035*
+0.087
with this approval at Site 22
Original approved impacts
at Site 23
0.145
0.126
(Y2 15+90 to 19+16)
New additional impacts
with this approval at Site
+0.026
+0.041
+0.067
23
Original approved impacts
at Site 24
0.332
0.410
0.190
(Y4 36+27 to 41+34)
New additional impacts
with this approval at Site
+0.003
-0.002
+0.012
+0.007*
+0.013
24
Total
+0.058
+0.056
1 +0.012
1 +0.041
+0.042
+0.167
Total Overall Wetland Impact for Modification: 0.209 acres.
*- Hand clearing not counted towards impacts for DWR
Total Updated Wetland Impact for Project: 9.812 acres
Total Updated Permanent Wetland Impacts: 9.346 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 modification request dated and
received June 27, 2019. All 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, June 21, 2018 and October 18, 201 still apply except where
superseded 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, 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.
Conditions of Certification:

DocuSign Envelope ID: BFEC83D4-6DB1-4485-8A71-C905D7C9699B
1. This modification is applicable only to the additional proposed activities. All of the authorized activities
and conditions of certification associated with the original Water Quality Certification WQ003758 dated
October 6, 2008 and subsequent modifications dated June 3, 2010, December 16, 2010, May 22, 2014,
January 19, 2017, May 5, 2017, June 21, 2018 and October 18, 2018 still apply except where superseded
by this certification.
2. Mitigation: No additional mitigation will be required for streams, but an additional 0.167 acres of
wetland mitigation will be required.
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 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 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: [phone], Facsimile: [phone]
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 15th day of July 2019
DIVISION OF WATER RESOURCES
^DocuSigned by:
lric�8iz'li��ap'et Director
WQC No.003758