I-5986 permit mod letter FINAL April 2022

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
April 07, 2022
Regulatory Division
Action ID. SAW-2018-02276
NC DOT TIP No.: I-5986 (A)
Corps Modification # 3
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 I-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 I-5986 A (I-95 widening from south of Murphy Road-Exit 55 to south of Bud
Hawkins Road-Exit 70) permit modification request dated February 1, 2022. This
modification request is based on completion of final bridge design over Reese Creek,
and minor utility easement and right of way changes. The total revised permanent
impacts associated with the I-5986 A portion of the I-5986 project are 13.144 acres of
wetland, 1,799 linear feet of stream channel, and 0.139 acres of open water associated
with permanent fill, excavation, mechanized land clearing. Temporary impacts total
2.81-acre wetland and 1,346 linear feet of stream channels.
I have determined that the proposed project modifications described above are not
contrary to the public interest and are consistent with the 404 (B) (1) Guidelines and
therefore, the DA permit is hereby modified for I-5986 A; with revised special conditions
detailed below. The authorized work shall be completed in accordance with the attached
revised drawings. All other conditions of the original permit remain applicable. The
permit expiration date remains December 31, 2024.
-2-

Revised Special Conditions are as follows:

Revised condition #1. Work Limits: All work authorized by this permit shall be
performed in strict compliance with the attached permit plans dated February 7, 2019,
revised May 23, 2019, revised March 13, 2020, revised April 2 and April 8, 2020,
revised August 20, 2020, revised December 28, 2020, and further revised February 1,
2022, all of which are 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 U.S. Army Corps of Engineers (Corps) prior to any active construction in waters or
wetlands.

Revised condition 9 (restated for clarity). 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 each of the most recent versions of the attached Compensatory Mitigation
Responsibility Transfer Forms (2 separate forms are attached). The requirements of
these forms, including any special conditions listed on these forms, are hereby
incorporated as special conditions of this permit.

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 [e-mail].

FOR THE DISTRICT ENGINEER

Monte K. Matthews
NC DOT Team Leader
Wilmington Regulatory Division
-3-

Enclosures:
1) 401 Water Quality Certification Modification dated February 17, 2022
2) Wetland and Surface Water Impact Permit and Utility Drawings: I-5986 A
submitted February 1, 2022
3) Mitigation Responsibility Transfer Forms (I 5986 A:1 and 2) dated April 5, 2022

Copies Furnished (electronic):
Ms. Amy Chapman, 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