20190992 Ver 5_Approval Letter_20210603

DocuSign Envelope ID:9EB1 D4D0-9C75-4318-A143-3F25F74F908A
DFs.t STATE,,, ,
ROY COOPER ; � t--Nail --_ �,.
Governor 6
DIONNE DELLI—GATTI '';,` ,a1n,' « �.'
Secretary �" =
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
June 3,2021
Wake County
DWR Project No.20190992 ver 5
I-440/US 1
TIP No.U-2719
MODIFICATION of NEUSE BUFFER AUTHORIZATION
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
widening and improving I-440/US-1 from SR 1313 to SR 1728 in Wake County:
Revised Neuse Riparian Buffer Impacts for Site 10
Site 10 Zone 1 Impact Zone 1 Buffer Mitigation Required Zone 2 Impact Zone 2 Buffer Mitigation
(sq ft) (using 3:1 ratio) (sq ft) Required(using 1.5:1 ratio)
Previous 10337 N/A 4597 N/A
Plus New 6000 N/A 4000 N/A
Total 16337 0 8597 0
*N/A=Site impact Allowable;no mitigation required
Revised Site 10 Buffer Impact: 24934 square feet.
The project shall be constructed in accordance with your application received July 23,2019 and modification requests dated May 5,
2020,July 8,2020,April 23,2021,and June 3,2021. After reviewing your application,we have decided that these impacts are
covered by General Water Quality Certification Number 4135. This certification corresponds to the General Permit 31 issued by the
Corps of Engineers. This approval is also 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 will expire with the accompanying 404
permit.
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.
N Colina Department of Environmental Quality 1 Division of Water Resources
NORTH CAROUNAD
512 orth Northar Salisbury Street 1617 Mail Service Center Raleigh,North Carolina 27699-1617
Department or Eiro.mmmi ou.ury 919.707.9000

DocuSign Envelope ID:9EB1 D4D0-9C75-4318-A143-3F25F74F908A
Conditions of Certification:
1. All conditions in the previous Water Quality Certifications for this project 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:
awl c_ANzymi.o.,
9C9886312DCD474...
S.Daniel Smith, Director
Division of Water Resources
Electronic copy only distribution:
Heather Montague, Division 5 Environmental Officer ([e-mail])
Mitch Wimberley,Kleinfelder ([e-mail])
DEj 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