HomeMy WebLinkAbout20181249 Ver 8_20181249ver8_20211101 DocuSign Envelope ID:AF921F69-1035-46B9-963C-E25D5660156D
�t c STATE,,
ROY COOPER o
Governor -
�2`
ELIZABETH S.BISER
Secretary
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
November 1,2021
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,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 8
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 23,2020,June 1,
2020,December 29,2020,March 9,2021,April 8,2021 and November 1,2021.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
DocuSigned by:
9C9886312DCD474...
S.Daniel Smith,Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Andy Williams,US Army Corps of Engineers,Raleigh Field Office
Heather Montague,Division 5 Environmental Officer
Deanna Riffey,NC Department of Transportation
File Copy
D � North Carolina Department of Environmental Quality j Division of Water Resources Raleigh,
512 North Salisbury Street 11617 Mail Service Center North Carolina 27699-1617
NORrHCA Nn
oewme rtoe inmemai o�i� /`� 919.707,9000
DocuSign Envelope ID:AF921F69-1035-46B9-963C-E25D5660156D
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 55.34 acres of wetlands,40133 linear feet of
jurisdictional streams and 43193050 square feet of protected riparian buffers in Wake&Johnston Counties. The
project shall be constructed pursuant to the permit modification request received October 27,2021. The revised
authorized impacts are as described below:
R-2721A Site 30 Revised Wetland Impacts
Site 30 Permanent Fill Excavation Mechanized Clearing
R-2721A (ac) (ac) (ac)
Previously Permitted 1.32 0 0.12
4/23/2020
Revised Now 1.38 0 0.05
11/1/2021
+ 0.06 0 -0.07
+/-Change
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 March 1,2021.
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.0714.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. All conditions in the 401 Water Quality Certifications for this project,originally dated February 15,2019,and all
modifications afterwards,still apply.
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 CAROLJ]A
�w ert or i�m io.ury 919,707.9000
DocuSign Envelope ID:AF921 F69-1035-46B9-963C-E25D5660156D
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: (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 1 st Day of November 2021
DIVISION OF WATER RESOURCES
DocuSigned by:
9C9886312DCD474...
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
NORTH CAROLJ]A
�w ert or etii�m i o.ury 919,707.9000