20190593 Ver 3_Approval Letter_20200122

DocuSign Envelope ID: F1BACA67-E3BB-4Fll-B005-E9EAA4527358
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
January 22, 2020
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Subject: MODIFICATION of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act and NEUSE BUFFER RULES, with ADDITIONAL CONDITIONS for Proposed widening of I-40
from I-440 to SR 1525 plus improvements to NC 42 and SR 1010 in Wake and Johnston Counties;
Federal Aid Project No. IMNHF-040-4(139)301; State Project No. 42346.3.1; TIP Nos. I-5111 & I-4739.
NCDWR Project No. 20190593 ver 3.
Dear Mr. Harris:
Attached hereto is a modification of Certification No. 4196 issued to The North Carolina Department of
Transportation (NCDOT) originally dated July 10, 2019 and modified September 4, 2019.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Docuftned by:
44p"�
9C9886312DCD474...
Linda Culpepper, Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Heather Montague, Division 5 Environmental Officer
Chris Rivenbark, NC Department of Transportation
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
File Copy
D Q
�� North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center Raleigh, North Carolina 27699-1617
NORTH CARouNA
U.Paro "MmdmnMMOUrRY /"� 919.707.9000

DocuSign Envelope ID: F1BACA67-E3BB-4Fll-B005-E9EAA4527358
MODIFICATION of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act and NEUSE BUFFER RULES, 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 211 .0500 and 15A NCAC 213.0233. This certification authorizes the NCDOT to impact 1.15 acres of
jurisdictional wetlands, 9248 linear feet of jurisdictional streams and 644091 square feet of protected riparian
buffers in Wake & Johnston Counties. The project shall be constructed pursuant to the modification request
received December 23, 2019 and additional information received January 22, 2020. The authorized modifiecd
impacts are as described below:
Stream Impacts in the Neuse River Basin
Site
Permanent Fill in Perennial
Riprap in Perennial Stream
Temporary Impact to
Stream (linear ft)
(linear ft)
Perennial Stream (linear ft)
40
0
254
90
Previous Impact
40
0
334
10
Revised Impact
+/- Change
0
+ 80
- 80
Wetland Im acts in the Neuse River Basin
Site
Permanent Fill (ac)
Temporary Fill (ac)
Mechanized Clearing (ac)
42
Previous Impact
0.23
0.01
0.10
42
Revised Impact
0.29
0.01
0.05
+/- Change
+ 0.06
0
- 0.05
Neuse Riparian Buffer Impacts
Site
Previous
Revised
Additional
Additional
Previous
Revised
Additional
Additional
Zone 1
Zone 1
Impact
Zone 1 Buffer
Zone 2
Zone 2
Impact
Zone 2 Buffer
Impact
Impact
(sq ft)
Mitigation
Impact
Impact
(sq ft)
Mitigation
(sq ft)
(sq ft)
Required
(sq ft)
(sq ft)
Required (using
(using 3:1 ratio)
1.5:1 ratio)
23A
8260
10192
+ 1932
5796
2082
2082
0
0
23B
635
1037
+ 402
1206
0
0
0
0
26A
233
422
+ 189
567
0
0
0
0
Total Additional Zone 1 Buffer Impact: 2523 sq ft
Total Additional Zone 1 Buffer Mitigation Required: 7569 sq ft

DocuSign Envelope ID: F1BACA67-E3BB-4F11-B005-E9EAA4527358
The application provides adequate assurance that the discharge of fill material into the waters of the Neuse River
Basin in conjunction with the proposed development 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 modification request received
December 23, 2019. Should your project change, you are required to notify the 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 wetland impacts, or stream impacts,
for this project (now or in the future) exceed one acre or 150 linear feet, respectively, additional compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may
require compensatory mitigation as described in 15A NCAC 2B.0243. 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.
Conditions of Certification:
1. Compensatory mitigation for impacts to 2523 additional square feet of protected riparian buffers in Zone 1 shall
be required. We understand that you have chosen to perform compensatory mitigation for impacts to protected
buffers through use of the North Carolina Division of Mitigation Services (DMS) (formerly NCEEP). Mitigation for
unavoidable impacts to Neuse Riparian Buffers shall be provided in the Neuse River Basin and done in accordance
with 15A NCAC .02B .0295. The DMS has indicated in a letter dated January 15, 2020 that they will assume
responsibility for satisfying the compensatory mitigation requirements for the above -referenced project, in
accordance with DMS's Mitigation Banking Instrument signed June 14, 2016.
2. All other conditions in the Water Quality Certification for this project dated July 10, 2019 and modified
September 4, 2019, still apply.
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 or CAMA 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.

DocuSign Envelope ID: F1BACA67-E3BB-4F11-B005-E9EAA4527358
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: [phone], Facsimile: [phone]
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 22nd day of January 2020
DIVISION OF WATER RESOURCES
DOCUSign/e�d by:
9C9886312DCD474...
Linda Culpepper, Director
WQC No. 4196

DocuSign Envelope ID: F1BACA67-E3BB-4F11-B005-E9EAA4527358
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NCDWR Project No.:
Applicant:
Project Name:
NORTH CAROLINA
Environmental Quality
County:
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:
Engineer's Certification
Partial Final
Date:
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