20191029 Ver 3_Approval Letter_20210406

DocuSign Envelope ID:2CACC9BE-897A-4F8D-9813-B8D246A28059ss
- „„STATE R'
ROY COOPER s 5� ti�-
Governor fr
•,DIONNE DELLI—GATTI , n a ,
Secretary
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
April 6,2021
Wake County
NCDWR Project No.20191029 ver 3
I-40&SR 3015 Interchange
TIP No.I-5700
MODIFICATION of APPROVAL of NEUSE BUFFER AUTHORIZATION,with ADDITIONAL CONDITIONS
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
Dear Mr.Harris:
You have our approval,in accordance with the conditions listed below,for the following Additional impacts for the purpose of
interchange improvements at I-40 and SR 3015 in Wake County:
Revised Site 5C Neuse Riparian Buffer Impacts
Site Zone 1 Impact Zone 1 Buffer Mitigation Zone 2 Impact Zone 2 Buffer Mitigation
5C (sq ft) Required (using 3:1 ratio) (sq ft) Required(using 1.5:1 ratio)
Original 9315 N/A 1967 N/A
Additional 300 N/A 2200 N/A
New Total 9615 0 4167 0
*n/a=Total for Site is less than 1/3 acre and 150 linear feet of impact,no mitigation required
Revised Site 5C Buffer Impact Total: 13782 square feet.
The project shall be constructed in accordance with your modification received April 5,2021. This approval is valid for the Neuse
Riparian Buffer Rules(15A NCAC 2B.0233).In addition,you should acquire any other federal,state or local permits before you
proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed
regulations.
This approval is valid solely for the purpose and design described in your application(unless modified below). Should your project
change,you must 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. [15A NCAC 2H.0507(d)(2)].
The permittee shall report to DWR any noncompliance with,or any violation of,stream or wetland standards [15A NCAC 02B .0200]
including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours(or the
next business day if a weekend or holiday)from the time the permittee became aware of the non-compliance circumstances. If total
wetland fills for this project(now or in the future)exceed one acre,or of total impacts to streams(now or in the future)exceed 150
linear feet,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 must adhere to the
conditions listed in the General Certification and any additional conditions listed below.
A
North Colina Department of ronm Quality 1 Resources
Liµ D_ ®®®®JJJJIIII
512 Northar Salisbury Street 1617Envi Mail Service ental Center RaleighDivision,NorthofWater Carolina 27699-1617
NORTHCAAO
Department of Environment.'Maid', � 919.707.9000

DocuSign Envelope ID:2CACC9BE-897A-4F8D-9813-B8D246A28059
Conditions of Certification:
1. All conditions in the previous certification for this project issued December 22,2020,still apply.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]Please be aware that by having
impacted waters without first applying for and securing the issuance of a 401 Water Quality Certification,you have violated Title 15A
of the North Carolina Administrative Code(NCAC)2H.0500. Title 15A NCAC 2H.0500 requires certifications pursuant to Section
401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters,including
wetlands,as described in 33 Code of Federal Regulations(CFR)Part 323. It also states any person desiring issuance of the State
certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file
with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A,these violations and any future
violations are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a
Contested Case Hearing(Petition)with the North Carolina Office of Administrative Hearings(OAH)within sixty(60)calendar days.
Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed
at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000.
One(1)copy of the Petition must also be served to the North Carolina Department of Environmental Quality:
William F. Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act and 15A NCAC
2H.0500. If you have any questions,please contact Rob Ridings at [e-mail].
Sincerely,
DocuSigned by:
c.._.,,www)..
9C9886312DCD474...
S.Daniel Smith, Director
Division of Water Resources
Electronic copy only distribution:
Heather Montague,Division 5 Environmental Officer
Deanna Riffey,NC Department of Transportation
File Copy
DE - j 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
NORTH CARO�1NA
Department of etiironmmmi ou.ury 919,707.9000