20190214 Ver 3_20210518 I-5986 B (Sections 2 3 and 4) permit mod letter_20210518

DEPARTMENT OF THE ARMY
I WILMINGTON DISTRICT,CORPS OF ENGINEERS
r 69 DARLINGTON AVENUE
WILMINGTON,NORTH CAROLINA 28403-1343
May 18, 2021
Regulatory Division
Action ID. SAW-2018-02276
NC DOT TIP No.: 1-5986 (B; Sections 2, 3, and 4)
Corps Modification # 2
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Section Head-PDEA
N.C. Department of Transportation
1598 Mail Service Center
Raleigh, NC 27699-1598
Dear Mr. Harris:
Reference the Department of the Army (DA) permit issued on July 9, 2019, for the
discharge of fill material into waters and wetlands adjacent to various creeks, and their
tributaries in order to widen 26 miles of existing 1-95 to an eight-lane median divided
facility, on existing location from Murphy Road (exit 55) north to Interstate 40 (exit 81) in
Cumberland, Harnett, and Johnston Counties, North Carolina. Reference is also made
to your 1-5986 B (Sections 2, 3, and 4) permit modification request dated February 1,
2021. This modification request is based on the completion of final design, avoidance
and minimization of aquatic impacts, and the submittal of a final compensatory
mitigation plan. The total revised permanent impacts associated with the 1-5986 B
Sections 2, 3, and 4 portion of the 1-5986 project are 4.79 acres of wetland, 2,850 linear
feet of stream channel, and 4.60 acres of open water associated with permanent fill,
excavation, mechanized land clearing. Temporary impacts total 0.99-acre wetland and
612 linear feet of stream channels.
Following the evaluation of information submitted in the modification request, the
U.S. Army Corps of Engineers (Corps) has determined that the request is appropriate
and reasonable, is not contrary to the public interest, is consistent with the 404 (B) (1)
Guidelines, and will not require a Public Notice. Therefore, the DA permit is hereby
modified as requested for 1-5986 B; Sections 2, 3, and 4 with three revised special
conditions hereby incorporated into the permit.

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Revised Special Conditions:
Revised condition #1. Work Limits: All work authorized by this permit shall be
performed in strict compliance with the permit plans dated February 7, 2019, revised
May 23, 2019, revised August 20, 2020, and the attached plans revised under this
modification dated March 13, 2020, April 2, 2020, April 8, 2020, and December 28,
2020, all of which are now a part of this permit. The Permittee shall ensure that the
construction design plans for this project do not deviate from the permit plans attached
to this authorization. Any modification to the attached permit plans must be approved by
the Corps prior to any active construction in waters or wetlands.
Revised condition #9. Endangered Species Act: The U.S. Fish and Wildlife
Service's (USFWS's) Programmatic Biological Opinion (PBO) titled, "NCDOT Program
Effects on the Northern Long-eared Bat in Divisions 1-8", dated November 6, 2020,
contains agreed upon conservation measures for the NLEB. As noted in the PBO,
applicability of these conservation measures varies depending on the location of the
project. Your authorization under this Department of the Army permit is conditional upon
your compliance with all applicable conservation measures in the PBO, which are
incorporated by reference in this permit. Failure to comply with the applicable
conservation measures would constitute non-compliance with your Department of the
Army permit. The USFWS is the appropriate authority to determine compliance with the
terms and conditions of its PBO, and with the ESA.
Revised condition #15. Mitigation: In order to compensate for 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.
All other conditions of the original permit remain applicable including the permit
expiration date of December 31, 2024. 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 [phone] or by email at sarah.e.hair(a_usace.army.mil.
FOR THE DISTRICT ENGINEER
Date: 2021 .05.18
A� 08:47:08 -04-00-
Monte K. Matthews
Lead Project Manager
Wilmington Regulatory Division

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Enclosures:
1) 401 Water Quality Certification Modification dated April 30, 2021
2) Wetland and Surface Water Impact Permit and Utility Drawings identified below:
1-5986B Section 2 (1-5878)— March 13, 2020
1-5986B Section 3 (1-5883)— April 8, 2020
1-5986B Section 3 (1-5883)—April 2, 2020
1-5986B Section 4 (North) — April 8, 2020
1-5986B Section 4 (North)-December 28, 2020
3) Buffer Permit Drawings:
1-5986B Section 4 (North)— April 8, 2020
1-5986B Section 4 (North)— December 28, 2020
4) Mitigation Responsibility Transfer Forms (3) signed May 18, 2021
Copies Furnished (electronic):
Ms. Amy Chapman/Mr. Robert Patterson, NCDEQ-DWR
Mr. Chris Rivenbark/Ms. Deanna Riffey, NCDOT
Mr. Jim Rerko/Mr. Greg Price NCDOT
Ms. Amanetta Somerville, EPA
Mr. Gary Jordan, USFWS
Mr. Travis Wilson, NC WRC
Ms. Beth Harmon, NC DMS