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Home My WebLink About20190593 Ver 5_Approval Letter_20200916 DocuSign Envelope ID: 1F3D8840-847D-48FD-A83C-28D4D9EAF678 r 1 . ` w.. f • q ROY COOPER . Governor NORTH CAROLINA MICHAEL S. REGAN Errs,rarrrmtrtred Quality Secretary S. DANIEL SMITH Director September 16,2020 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 5 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,June 3,2020 and September 16,2020. If we can be of further assistance,do not hesitate to contact us. Sincerely, �/�DocuSign(e�d by: o._ , 1� (A.�YY1.a �.P�dtd ' ti;'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 �,� North Carolina Department of Environmental Quality Division of Water Resources 512Nort h Salisbury Street 1 17M it Service Center Raleigh,Nort h Carolina 27 699 1 17 ic7,_, � 919.707.9000 DocuSign Envelope ID: 1F3D8840-847D-48FD-A83C-28D4D9EAF678 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 643971 square feet of protected riparian buffers in Wake&Johnston Counties. The project shall be constructed pursuant to the modification request dated August 31,2020. The authorized Revised impacts are as described below: Site 44 Revised Wetland Impacts in the Neuse River Basin Excavation Impact: Reduced 0.04 acres Temporary Impact: Increase 0.04 acres Revised Neuse Riparian Buffer Impacts SITE 17 Site Zone 1 minus =Zone 1 Zone 1 Buffer Zone 2 minus =Zone 2 Zone 2 Buffer Impact Wetlands Buffers(not Mitigation Impact Wetlands Buffers Mitigation 17 (sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required(using (sq ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio) (sq ft) OLD 12126 37 12089 36267 3903 0 3903 5854 Permit NEW 12732 37 12695 38085 5068 0 5068 7602 Mod Zone 1 Mitigation: 38085-36267= 1818 sqft increase Zone 2 Mitigation: 7602-5854= 1748 sqft increase DocuSign Envelope ID: 1F3D8840-847D-48FD-A83C-28D4D9EAF678 Revised Neuse Riparian Buffer Impacts SITE 44 Site Zone 1 minus =Zone 1 Zone 1 Buffer Zone 2 minus =Zone 2 Zone 2 Buffer Impact Wetlands Buffers(not Mitigation Impact Wetlands Buffers Mitigation 44 (sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required(using (sq ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio) (sq ft) OLD 12849 3043 9806 29418 6061 871 5190 7785 Permit NEW 12849 3110 9739 29217 6826 2145 4681 7021 Mod Zone 1 Mitigation: 29418-29217=+201 sqft surplus Zone 2 Mitigation: 7785-7021 =+764 sqft surplus Neuse Riparian Buffer Mitigation Summary for this Modification: Zone 1: 1818 increase—201 surplus= 1617 sqft increase Zone 2: 1748 increase-764 surplus=984 sqft increase 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. Compensatory mitigation for impacts riparian buffers in the Neuse Basin shall be required.For this modification the Zone 1 buffer mitigation requirement increased 1617 square feet,and the Zone 2 buffer mitigation requirement increased 984 square feet.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).Mitigation for unavoidable impacts to Neuse Riparian Buffers shall be provided in the Neuse River Basin and done in accordance with 15A NCAC 2B .0295.The DMS has indicated in a letter dated September 11,2020 that they will assume responsibility for satisfying the additional compensatory mitigation requirements for the above-referenced project,in accordance with DMS's Mitigation Banking Instrument signed June 14,2016. DocuSign Envelope ID: 1F3D8840-847D-48FD-A83C-28D4D9EAF678 2.All conditions in previous versions of this Certification dated July 10,2019, September 4,2019,January 22,2020 and June 3,2020 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: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Telephone: (919)431-3000,Facsimile: (919)431-3100 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 16th day of September 2020 DIVISION OF WATER RESOURCES EDocuSigned by: .k""'f Ak' 9C9886312DCD474... S.Daniel Smith,Director WQC No.4196 DocuSign Envelope ID: 1F3D8840-847D-48FD-A83C-28D4D9EAF678 i•i. ` w.. - ..3 f . • q ROY COOPER °''1 � Governor NORTH CAROLINA MICHAEL S. REGAN Errs,frorrrmertred Qrfarrr), Secretary S. DANIEL SMITH NCDWR Project No.: County: Director Applicant: Project Name: 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: 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 Registration No. Date �,� North Carolina Department of Environmental Quality Division of Water Resources 512Nort h Salisbury Street 1 17M it Service Center Raleigh,Nort h Carolina 27 699 1 17 �c ,_, � 919.707.9000