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Home My WebLink About20190214 Ver 4_20190214_Approval Letter_20211105 DocuSign Envelope ID:AA7F102E-0065-4FBB-9FAD-D9DF4F947563 ==t;,E srnrf o,4 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 D _E O""" North 512North Carolina DepartmentSalisburyStreet1 of 1617 EnvironmentalMailService Center I Raleigh Quality I Division of WaterNorthCarolina Resou27rces699-1617 NORTH CAROLINA , 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