HomeMy WebLinkAbout20190214 Ver 4_20190214_Approval Letter_20211105 DocuSign Envelope ID:AA7F102E-0065-4FBB-9FAD-D9DF4F947563
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ROY COOPER 15. �, �_ o,
Governor -`^
ELIZABETH S.BISER
Secretary *,R[QDA,,NDEE)*_
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
November 5,2021
Mr.Philip S.Harris,III,P.E.,CPM
Environment Analysis Unit Head
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 and NEUSE BUFFER RULES with ADDITIONAL CONDITIONS for Proposed improvements for
the proposed widening of I-95 to eight lanes from South of SR 1832(Exit 56)to South of SR 1811 (Exit
70)in Cumberland County,TIP I-5986A.
NCDWR Project No.20190214 v.4
Dear Mr.Harris:
Attached hereto is a modification of Certification No.WQC004187 issued to The North Carolina Department of
Transportation(NCDOT)dated May 30,2019 and modified on November 6,2020 and April 30,2021.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
,-DocuSigned by:
!L 1 OLGUiraIn,
‘--9C9886312DCD474...
S.Daniel Smith,Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Liz Hair,US Army Corps of Engineers,Wilmington Regulatory Field Office
Greg Price,Division 6 Environmental Officer
Chris Rivenbark,NC Department of Transportation
Amanetta Somerville,US Environmental Protection Agency
Gary Jordan,US Fish and Wildlife Service
Travis Wilson,NC Wildlife Resources Commission
Beth Harmon,Division of Mitigation Services
Hannah Sprinkle,NC Division of Water Resources Wilmington Regional Office
File Copy
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512North Carolina DepartmentSalisburyStreet1 of
1617 EnvironmentalMailService Center I Raleigh Quality I Division of WaterNorthCarolina Resou27rces699-1617
NORTH CAROLINA
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Departmentmemmnmrmiouaug\ 919.707.9000
DocuSign Envelope ID:AA7F102E-0065-4FBB-9FAD-D9DF4F947563
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 0.704 acres of
jurisdictional wetlands,81 linear feet of streams in Cumberland County. The project shall be constructed pursuant
to the revised modification request dated received October 19,2021.The authorized impacts are as described below:
Wetland Impacts in the Cape Fear River Basin
Permanent Fill Total
Site Permanent
2 Impacts (temporary) Impact
(ac) (ac) p
(ac)
Impacts approved
with the original 0.002 0.038 0.04
certification
Impacts approved 0.172 0.037 0.209
with this modification
0.169
Difference +.0.169 -0.001 additional
perm
impacts
Fill Total
Site Fill Permanent
3 (ac) (temporary) Impact
_ (ac) _
Impacts approved with 0.019 0.012 0.031
the original certification _
Impacts approved with 0.186 0.062 0.248
this modification
0.167
Difference +0.167 -0.050 additional
perm
impacts
Fill Total
Site Fill Permanent
4 (ac) (temporary) Impact
(ac) (ac)
Impacts approved with 0.003 0.060 0.063
the original certification
Impacts approved with 0.006 0.058 0.064
this modification
0.003
Difference +0.003 -0.002 additional
perm
impacts
DocuSign Envelope ID:AA7F102E-0065-4FBB-9FAD-D9DF4F947563
Fill Total
Site Fill Permanent
57 (ac) (temporary))
te(acr)ary) Impact
(ac)
Impacts approved with _-
the original certification
Impacts approved with 0.365 0.066 0.431
this modification
0.365
Difference +0.365 +0.066 additional
perm
impacts
0.704 acres of additional permanent wetland impacts
Open Water Impacts in the Cape Fear River Basin
Site Total
1 Permanent Temporary Permanent
(ac) (ac) Impact
(ac)
Impacts approved with
the original 0.001 0.002 0.003
certification
Impacts approved with 0.001 0.001 0.002
this modification
Difference I -0.001
Site Total
30 Permanent Temporary Permanent
*new pond sites* (ac) (ac) Impact
(ac)
Impacts approved with
the original -- -- --
certification
Impacts approved with 0.139 0.104 0.243
this modification
0.139
Difference +0.139 +0.104 additional
perm
impacts
0.139 acres of additional permanent open water impacts
DocuSign Envelope ID:AA7F102E-0065-4FBB-9FAD-D9DF4F947563
Stream Impacts in the Cape Fear River Basin
Permanent Temporary Total Permanent
Site 2 (linear ft) (linear ft) Impact
(linear ft)
Impacts approved with the 19 60 85
version 3 modification
Additional impacts approved 81 23 110
with this modification
Total +62 -37 81 additional
perm impacts
Permanent Temporary Total Permanent
Site 3 (linear ft) (linear ft) Impact
(linear ft)
Impacts approved with the -- -- __
version 3 modification
Additional impacts approved
with this modification - 48 48
Total -- +48 ----
Total
Site 4 Permanent Temporary Permanent
(linear ft) (linear ft) Impact
(linear ft)
Impacts approved with the 18 23 41
version 3 modification
Additional impacts approved 18 24 42
with this modification
Total -- +1 ----
Total
Site 57 Permanent Temporary Permanent
*new site* (linear ft) (linear ft) Impact
(linear ft)
Impacts approved with the __ -- __
version 3 modification
Additional impacts approved -- 78 78
with this modification
Total -- +78 ----
81 linear feet of additional permanent stream impacts
(<3001f of impact,no mitigation required)
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 activity 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 modified application dated
received October 19,2021. Should your project change,you are required to notify 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 impacts,for this project(now or in
the future)are required the applicant should contact NCDWR as a modification of this Certification may be
required. For this approval to remain valid,you are required to comply with all the conditions listed below. In
DocuSign Envelope ID:AA7F102E-0065-4FBB-9FAD-D9DF4F947563
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. All of the authorized activities
and conditions associated with the original Water Quality Certification dated May 30,2019 and subsequent
modifications still apply except where superseded by this certification.
2. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition,
the Water Quality Certification and all subsequent modifications,if any,shall be maintained with the Division
Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506(b)(2)and
(c)(2)]
3. The permittee shall ensure that final design drawings adhere to the permit and to the permit drawings
submitted for approval. [15A NCAC 02H.0507(c)and 02H.0506(b)(2)and(c)(2)]
4. Compensatory mitigation for impacts to 0.704 ac Non-Riparian wetlands is required. We understand that
you have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina
Division of Mitigation Services(DMS)(formerly NCEEP),and that the DMS has agreed to implement the
mitigation for the project. DMS has indicated in a letter dated October 6, 2021, that they will assume
responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the
above-referenced project,in accordance with DMS's Mitigation Banking Instrument signed July 28,2010.
5. The post-construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations.The impacted areas shall be revegetated with appropriate native
species. [15A NCAC 02H.0506(b)(2)]
6. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be
accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for
Construction and Maintenance Activities. [15A NCAC 02H.0507(d)(2)and 15A NCAC 02H.0506(b)(5)]
7. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge
and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers,
etc.)before entering the stream. To meet the requirements of NCDOT's permit NCS000250,please refer to
the most recent version of the North Carolina Department of Transportation Stormwater Best Management
Practices Toolbox manual for approved measures. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H
.0506(b)(5)]
8. Bridge piles and bents shall be constructed using driven piles(hammer or vibratory)or drilled shaft construction
methods. More specifically, jetting or other methods of pile driving are prohibited without prior written
approval from the NCDWR first. [15A NCAC 02H.0506(b)(2)]
9. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters. This water shall be captured,treated,and disposed of properly. [15A NCAC 02H.0506(b)(3)
10.A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream channel,
on the stream bank,or within 5 feet of the top of bank,or during the removal of bents from an old bridge.This
condition can be waived with prior approval from the NCDWR. [15A NCAC 02H.0506(b)(3)
11.All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causeways,or floating or sunken barges. If work conditions require barges,they shall be floated into position
and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should
barges be dragged along the bottom of the surface water. [15A NCAC 02H.0506(b)(3)
DocuSign Envelope ID:AA7F102E-0065-4FBB-9FAD-D9DF4F947563
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 8:00am and 5:00pm,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
This the 5'day of November,2021
DIVISION OF WATER RESOURCES
,-DocuSigned by:
[WI CLUirlai&
-9C9886312DCD474...
S.Daniel Smith
Director
WQC No. 004187
DocuSign Envelope ID:AA7F102E-0065-4FBB-9FAD-D9DF4F947563
E.Mc STATE oo",�
ROY COOPER 11.
oe A
Governor
ELIZABETH S.BISER .v, Ai
Secretary
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
NCDWR Project No.: County:
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: Date:
Agent'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: Date:
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 Registration No.
Date
D_ OOO"""
512 E Q NorthNorth CarolinaSalisbury DepartmStreetent1 of
161 Environmental7MailService Center I Raleigh Quality I Division of WaterNorthCarolina Resou27rces699-1617
NORTH CAROLINA
,
Department of Environmental Quality � 919.707.9000