20181249 Ver 4_Approval Letter_20200601

DocuSign Envelope ID: 39364ABD-29F5-48EE-B778-ECC1 FCF7B3DD
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
ErrOMFIrh#rtfdI Quarlry
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
June 1, 2020
Subject: MODIFICATION of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act, NEUSE BUFFER RULES, and ISOLATED WETLANDS PERMIT Pursuant to IWGP100000 with
ADDITIONAL CONDITIONS for Proposed construction of the Triangle Expressway Southeast
Extension (NC 540) in Wake & Johnston Counties, Federal Aid Project No. STP-0540(19-21), State
Project No. 37673.1.TA2, TIP Nos, R-2721, R-2828, & R-2829.
NCDWR Project No. 20181249 version 4
Dear Mr. Harris:
Attached hereto is a copy of the Modification to Certification No. 4179 issued to The North Carolina Department of
Transportation (NCDOT) originally dated February 15, 2019, modified January 30, 2020, April 20, 2020, and June
1, 2020.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
DocuSigned by:
44p"�
S9�aoomei§m11h, 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
Deanna Riffey, NC Department of Transportation
Beth Harmon, Division of Mitigation Services
File Copy
D— E North Carolina Department of Environmental Quality I Division of Water Resources
r� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 39364ABD-291`548EE-6778-EM FCF7B3DD
MODIFICATION of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act, NEUSE BUFFER RULES, and ISOLATED WETLANDS PERMIT Pursuant to IWGP100000 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 and 15A NCAC 2B.0233 and ISOLATED WETLANDS PERMIT Pursuant to IWGP100000.
This certification version authorizes the NCDOT to impact 55.27 acres of wetlands, 40045 linear feet of
jurisdictional streams and 4309400 square feet of protected riparian buffers in Wake & Johnston Counties. The
project shall be constructed pursuant to the permit modification request received May 12, 2020. The additional
authorized impacts are as described below:
Additional R-2828 Neuse Riparian Buffer Impacts
Site
Zone 1 Impact
(sq ft)
Zone 1 Buffer Mitigation
Required (using 3:1 ratio)
Zone 2 Impact
(sq ft)
Zone 2 Buffer Mitigation
Required (using 1.5:1 ratio)
78
213
639
969
1454
79
226
678
2322
3483
79A
0
0
721
1081
87
0
0
397
596
88A
0
0
1075
1612
Totals
439
1317
5484
8226
Total Additional R-2828 Neuse Buffer Impacts: 5923 square feet
The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear and
Neuse River Basins 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 dated May 12, 2020.
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 211.0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC 213.0233. 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 439 square feet of protected riparian buffers in Zone 1 and 5484 square
feet of protected riparian buffers in Zone 2 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

DocuSign Envelope ID: 9B5D8238-9DED-40A3-A72C-E91AB7CBA672
provided in the Neuse River Basin and done in accordance with 15A NCAC .02B .0295. The DMS has indicated in
a letter dated May 29, 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. In your modification request, NCDOT included "Clearing and Grubbing Plan of Action" documents that show
enhanced coordination with the contractors for this project to ensure improved measures for compliance and
accurate impacts as preventive best practices. As a condition of this modification, NCDOT shall ensure that these
practices are enacted and followed -through for the project, and any deviation from these are reported immediately to
DWR.
3. All other conditions in the 401 Water Quality Certifications for this project, originally dated February 15, 2019,
and most recently revised April 20, 2020, 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 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.
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 1 st Day of June, 2020
DIVISION OF WATER RESOURCES
DOCUSigned by:
44p":A.
9C98 M 12DCD474...
S. Daniel Smith, Director
WQC No. 4179
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
an— a L " �� 919.707.9000