20190593 Ver 4_Approval Letter_20200603

DocuSign Envelope ID: 5DF73A94-D25B-4D1A-A635-2EA8C4C364C1
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
ErrOMFIrh#rtfdI Quarlry
June 3, 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 (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 4.
Dear Mr. Harris:
Attached hereto is a copy of Certification No. 4196 issued to The North Carolina Department of Transportation
(NCDOT) originally dated July 10, 2019 and modified September 4, 2019, January 22, 2020, and June 3, 2020.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
^DocuSigned by:
oUooQ* pYK AA.
9C988312DCD474...
S. Danie Smith, 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
Nikki Thomson, NCDOT Division 5
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: 5DF73A94-D25B-4D1A-A635-2EA8C4C364C1
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 2H .0500 and 15A NCAC 2B.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 dated
May 28, 2020. The authorized additional impacts are as described below:
Additional Site 2 Stream Impacts in the Neuse River Basin
Site
Permanent Fill in Perennial Stream
(linear ft)
Temporary Fill in Perennial Stream
(linear ft)
Site 2
29 (Increase)
-29 (Decrease)
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 dated May 28, 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 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC 2B.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.
Condition of Certification:
1. All conditions in previous versions of this Certification dated July 10, 2019, September 4, 2019, and January 22,
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 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.
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:

DocuSign Envelope ID: 5DF73A94-D25B-4D1A-A635-2EA8C4C364C1
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 3rd day of June 2020
DIVISION OF WATER RESOURCES
^DOCUSigned by:
Q* pYK AA.
9C9886312DCD474...
S. Daniel Smith, Director
WQC No. 4196

DocuSign Envelope ID: 5DF73A94-D25B-4D1A-A635-2EA8C4C364C1
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Err0MFIfII&Mkl Quarlly
NCDWR Project No.:
Applicant:
Project Name:
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:
Agent's Certification
Date:
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
Date
Registration No.
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