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Home My WebLink About20190214 Ver 5_20190214 v5_Modification_Approval Letter_20220217 DocuSign Envelope ID:96A7064E-CFD9-489A-91 D6-464C0114B70C -=t;,E STATE o, 11-7 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: awl c wAtA, -9C9886312DCD474... 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 D _E O""" North 512North Carolina DepartmentSalisburyStreet1 of 1617 EnvironmentalMailServiceCenter I Raleigh Quality I Division of WaterNorthCarolina Resou27rces699-1617 NORTH CAROLINA , 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: 0,44A.ua, cp ,IV ‘'--9C9886312DCD474... S.Daniel Smith Director WQC No. 004187 DocuSign Envelope ID:96A7064E-CFD9-489A-91 D6-464C0114B70C 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