20150068 Ver 2_Approval Letter_20160222

.o
PAT MCCRORY
Goi•ei nni
DONALD R VAN DER VAART
Water Resources
ENVIRONMENTAL �UALITY
February 22, 201 ti
Mr. Marc L Hamel , Manager
Rail Project Development
NCDOT, Rail Division
1553 Mail Service Center
Raleigh, NC 27699
Secrela��
S JAY ZIMMERMAN
Du ecro�
Subject. Modification to the 401 Water Quahty Certification Pursuant to Section 401 of the Federal Clean Water
Act for Proposed construction of the Pembroke Rail Connector from CSX "A" hne to the CSX "SE" line
m Robeson County, Federal Aid Pro�ect No TCSP-0635(5), State Pro�ect No. 41099 1 S3, TIP P-4900A
&B
NCDWR Pro�ect No 20150068v 2
Dear Mr Hamel.
Attached hereto is a modtfication of Certification No 4014 issued to The North Carolma Department of
Transportation (NCDOT) dated March 3, 2015.
If we can be of further assistance, do not hesitate to contact us
Sincerely,
� �.
S Ja immerman, Director
Division of Water Resources
Attachments
Electromc copy only distribution.
Liz Hau', US Army Corps of Engmeers, Wilmington Field Office
Jim Rerko, Divtsion 6 Environmental Officer
Scott Davis, Axiom Environmental, Inc.
Colin Mellor, NC Department of Transportation
Chris Rivenbark, NC Department of Transportation
Dr Cynthia Van Der Wiele, US Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
NC Division of Water Resources Central Office
File Copy
State of North Cuolma �Environmental Quality � Water Resources
1617 Mail Service Center, Raleigh, Nor�h Carc4na 27695-1617
Phone [phone]

Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
with ADDITIONAL CONDITIONS
THIS CERTIFICATION is issued m conformity with the requirements of Section 401 Publtc Laws 92-500 and
95-217 of the Unrted States and sub�ect to the North Carolma Division of Water Resources (NCDWR) Regulations
m 15 NCAC 2H 0500 This certification authorizes the NCDOT to impact an additiona10.05 acres of jurisdictional
wetlands m Robeson County The pro�ect shall be constructed pursuant to the modification dated received February
18, 2016. The authonzed impacts are as described below.
VVetland Im acts in the Lumber River Basin ri arian
Site Fill Fill Excavation Mechanized Hand Total Additional
(ac) (temporary) (ac) Clearing Clearing Wetland Impacts
(ac) (ac) (ac) Impact Requiring
(ac) Mitigation
(ac)
Original approved impacts at
Site 1(-L- 26+95 to 27+75) 1 06 0 0 20 0 15 0 03 1 44 N/A
New addrtional impacts with
this approval at Site 1(-L- 1 06 0 0 20 0 20 0 03 1 49 0 05
26+95 to 27+75)
Revised Total 1 06 0 0 20 0 20 0 03 1 49 0 05
"1'otal Revised Wetland lmpact for (Site 1): 1.49 acres.
The application provides adequate assurance that the discharge oi fill inatarial into the waters of th� Lumber Rivet
Basui m con�unction with the proposed development will not result in a violation of applicable Water Qualrty
Standards and discharge guidelmes Therefore, the State of North Carolma 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 m accordance
wrth the application and conditions heremafter set forth.
This approval is only valid for the purpose and design that you submitted m your modified application dated
received February 18, 2016 All the authorized activities and conditions of certificat�on associated with the original
Water Quality Certification dated March 3, 2015 srill apply except where superceded by thts certificatton. Should
your pro�ect change, you are required to notify the NCDWR and submrt a new application If the properiy is sold,
the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for
complymg with all the condrtions If any additional wetland impacts, or stream impacts, for this pro�ect (now or m
the future) exceed one acre or 150 luiear feet, respectively, addrtional compensatory mrtigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7) For this approval to remam vahd, you are required to comply
with all the conditions listed below In addttion, you should obtain all other federal, state or local permits before
proceedmg wrth your project mcluding (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 exp�ration
date of the conespondmg Corps of Engmeers Permrt
Condition(s) of Certification:
1 This modification is applicable only to the addrtional proposed activities All of the authorized activities
ar.d c.^,nd�t�ons of cei �ification assoc�ated with the origi.ial V�later Quality Certificaticn dated March 3,
2015 still apply except where superseded by this certification.
2 Compensatory mitigation for impacts to 0 OS acres of riparian wetlands is requu-ed We understand that
you have chosen to perform compensatcry mitigation for impacts to wetlands through the North Carolu7a
Divis�o;� of Mrtigation Servtces (DMS) (formerly NCEEP), and that the DMS has agreed to tmplement the
nlrtigation for the project DMS has indicated m a letter dated February 17, 2016 that they will assume
responsibility for satisfymg the fe�eral Clean Water Act compensatory mrtigation requu•ements for the

above-refe;enced pro�ect, m accordance with DMS's Mitigation Bankir,g Instrument signed July 28, 2010
[ 15A NCAC 2H 0506(h)]
Violations of any condttion herem set forth may result m revocahon of this Certification and may result m crimmal
and/or civil penalties This Certification shall become null and void unless the above conditions are made
cond;tions of the Feuera1404 and/or Coast�l Area Management Act Permrt Th:s Cert:�cation shal: expire apar the
expiration of the 404 or CAMA permit
If you wish to contest any statement m the attached Certification you must file a petrtion for an admmistrative
hearmg You may obtam the petition form from the office of Admmistrative hearmgs You must file the petihon
with the office of Admmistrat�ve Hearmgs wrthm sixty (60) days of receipt of this notice A petit�on is considered
filed when rt is received m the office of Admtmstrative Hearmgs during normal office hours The Office of
Admmistrative Hearmgs accepts fihngs Monday through Friday between the hours of 8 OOam and 5 OOpm, except
for official state hohdays The origmal and one (1) copy of the pehtion must be filed wrth the Office of
Admmistrative Hearmgs
The petition may be faxed-provided the origmal and one copy of the document is received by the Office of
Admmistrative Hearmgs withm five (5) busmess days followmg the faxed transmission
The mailmg address for the Office of Admmistrative Hearmgs is
Office of Admmistrative Hearmgs
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone], Facsimile [phone]
A copy of the petrtion must also be served on DEQ as follows
Mr Sam M Hayes, General Counsel
Department of Environmental Qualtty
i6G1 Maii Service Centei
This the 22nd day of February 2016
DNISION OF WATER RESOURCES
l �.
� '
S Jay Zimmerman, D�rector
WQC No 4014

North Carolina Department of Environmental Quality
Pat McCrory
Governor
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certifcation:
County:
Donald R. van der Vaart
Secretary
Certificate of Completion
Upon completion of all work approved withm the 401 Water Quality Certification or apphcable Buffer Rules, and
any subsequent modifications, the apphcant is requ�red to return this certificate to the 401 Transportahon Permittmg
Unit, North Carolma Diviston of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617 This form
may be returned to NCDWR by the applicant, the apphcant's autharized agent, or the pro�ect engmeer It is not
necessar� to send certificates fi-om all of these
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used m the observation of the construction such that the construction was observed to be built withm substantial
comphance and mtent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supportmg materials
Signature Date
f�i�4'3Il �u (:�Yl�FIG.^�[Zlfi1
I, , hereby state that, to the best of my abihties, due care and diligence
was used m the observation of the construction such that the construction was observed to be built withm substantial
compliance and uitent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supportmg materials
Signature Date
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engmeer m the State of North
Carolma, havmg been authorized to observe (penodically, weekly, full time) the construction of the pro�ect for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used m the observation of the
constructton such that the construction was observed to be built wrthm substantial compltance and mtent of the 401
Water Quahty Certification and Buffer Rules, the approved plans and specifications, and other supportmg materials
Signature
Registration No Date
1617 Mail Serwce Center, Raleigh, North Carolina 27699-1617
Phone [phone] Internet www nctlenr gov
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