HomeMy WebLinkAbout20190214 Ver 5_20190214 v5_Modification_Approval Letter_20220217 DocuSign Envelope ID:96A7064E-CFD9-489A-91 D6-464C0114B70C
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ROY COOPER 15. �, �_ o,
Governor -`^
ELIZABETH S.BISER
Secretary *�4f QUAM NDEE)*_
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
February 17,2022
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.5
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,April 30,2021 and November 5,
2021.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
-DocuSigned by:
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S.Damei 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 EnvironmentalMailServiceCenter I Raleigh Quality I Division of WaterNorthCarolina Resou27rces699-1617
NORTH CAROLINA
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Departmentmommnmrmiouaug\ 919.707.9000
DocuSign Envelope ID:96A7064E-CFD9-489A-91 D6-464C0114B70C
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 impact an additional 0.651 acres of
jurisdictional wetlands in Cumberland County. The project shall be constructed pursuant to the revised modification
request dated received February 1,2022. The authorized impacts are as described below:
Wetland Impacts in the Cape Fear River Basin
Site Fill Fill Total
15 (permanent) (temporary) Impact
(ac) (ac) (c)
Impacts approved
with the original 0.391 0.071 0.462
certification
Additional Impacts --- 0.132 0.132
Total impacts
approved with this 0.391 0.203 0.594
modification
0.132 acres of additional temporary impacts
Site Fill Fill Total
16 (permanent) (temporary) Impact
(ac) (ac) (ac)
Impacts approved with 0.083 0.398 0.031
the original certification
Additional Impacts --- 0.073 0.073
Impacts approved with 0.083 0.471 0.248
this modification
0.073 acres of additional temporary impacts
Site Fill Fill Total
58 (permanent) (temporary) Impact
(*new site) (ac) (ac) (ac)
Impacts approved with
the original certification
Additional Impacts --- 0.101 0.101
Impacts approved with 0.101 0.101
this modification
0.101 acres of additional temporary impacts(new site)
Site Fill Fill Total
59 (permanent) (temporary) Impact
(*new site) (ac) (ac) (ac)
Impacts approved with
the original certification
Additional Impacts 0.006 0.289 0.295
Impacts approved with 0.006 0.289 0.295
this modification
0.289 acres of additional temporary impacts,0.006 acres of permanent impacts
DocuSign Envelope ID:96A7064E-CFD9-489A-91 D6-464C0114B70C
Site Fill Fill Total
60 (permanent) (temporary) Impact
(*new site) (ac) (ac) (ac)
Impacts approved with
the original certification
Additional Impacts --- 0.050 0.050
Impacts approved with 0.050 0.050
this modification
0.050 acres of additional temporary wetland impacts
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 February 1,2022. 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
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 0.006 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 January 10, 2022, 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.
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
DocuSign Envelope ID:96A7064E-CFD9-489A-91 D6-464C0114B70C
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 17th day of February 2022
DIVISION OF WATER RESOURCES
DocuSigned by:
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‘'--9C9886312DCD474...
S.Daniel Smith
Director
WQC No. 004187
DocuSign Envelope ID:96A7064E-CFD9-489A-91 D6-464C0114B70C
E.Mc STATE oo",�
ROY COOPER 11.
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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
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NORTH CAROLINA
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Department of Environmental Quality � 919.707.9000