20190593ver6.docx

DocuSign Envelope ID:59DDE8E9-B323-47F2-B3BD-7BF59F2Al2EB
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ROY COOPER 4+0.0
Governor NORTH CAROL!
ELIZABETH S. BISER Enirfrbnm rrlid Qrlarrry
Secretary
S. DANIEL SMITH
Director
January 26,2022
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 and 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 6
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,
September 16,2020 and January 26,2022.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
FDocuSigned by:
a—WI 4419/1,WA,
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
Chris Rivenbark,NC Department of Transportation
Beth Harmon,NC DMS
File Copy

DocuSign Envelope ID:59DDE8E9-B323-47F2-B3BD-7BF59F2Al2EB
t,.� STATR 4,,,,A
ROY COOPER. 3 o,
Governor 6� ' i
ELIZABETH S.BISER -ki
ro Secretary _=
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
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.0714. This certification authorizes the NCDOT to impact 1.16 acres of
jurisdictional wetlands,9258 linear feet of jurisdictional streams and 644585 square feet of protected riparian
buffers in Wake&Johnston Counties. The project shall be constructed pursuant to the modification request dated
January 21,2022. The authorized Revised Impact Sites are as described below:
Site 1:
• 13 linear feet decrease in permanent stream impacts
• 14 linear feet decrease in temporary stream impacts
• 1,334 square feet decrease in Allowable buffer zone 1 impacts
• 856 square feet decrease in Allowable buffer zone 2 impacts
*Site 1 revised totals in application plan sheets January 21, 2022:20 linear feet permanent
stream impact. 20 linear feet temporary stream impact. 335 square feet Buffer Zone 1
mitigable impact.
Site 4:
• 1,187 square feet increase in Allowable buffer zone 1 impacts
• 973 square feet increase in Allowable buffer zone 2 impacts
• 614 square feet increase in Mitigable buffer zone 2 impacts
*Site 4 revised totals in application plan sheets January 21, 2022: 2731 square feet Buffer
Zone 1 allowable impact. 1293 square feet Buffer Zone 2 allowable impact. 1984 square
feet Buffer Zone 1 mitigable impact. 1133 Buffer Zone 2 mitigable impact. (No change to
stream impacts.)
Site 44:
• 0.01 acre increase in mechanized clearing in wetland
• 11 linear feet increase of permanent bank stabilization
• 11 linear feet decrease of temporary stream impacts
*Site 44 revised totals in application plan sheets January 21, 2022:_0.04 ac permanent
wetland fill. 0.03 ac temporary wetland fill. 0.04 ac wetland excavation. 0.01 ac wetland
mechanized clearing. 261 linear feet permanent stream impact. 35 linear feet stream
stabilization impact. (No change to Buffer impacts.)
D North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh,Narth Carolina 27649 1617
NORTH CAROUNA
Depa m G!Environmental Wall � 919.707.9000

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Site 47:
• 35 linear feet increase of permanent stream impacts
• 24 linear feet decrease of permanent bank stabilization
• 11 linear feet decrease of temporary stream impacts
• 270 square feet increase of Allowable buffer zone 1 impacts
• 981 square feet increase of Allowable buffer zone 2 impacts
*Site 47 revised totals in application plan sheets January 21, 2022: 97 linear feet permanent
stream impact. 21 linear feet stream stabilization impact. 5620 square feet Buffer Zone 1
allowable impact. 2993 square feet Buffer Zone 2 allowable impact.
Site 48:
• 69 linear feet increase of permanent stream impacts
• 51 linear feet decrease of temporary stream impacts
*Site 48 revised totals in application plan sheets January 21, 2022: 83 linear feet permanent
stream impact.
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 January 21,
2022. 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.
Conditions of Certification:
1. Compensatory mitigation for additional impacts to 0.01 acres of wetlands is required. We understand that you
have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Division of
Mitigation Services(DMS)and that the DMS has agreed to implement the mitigation for the project. DMS has
indicated in a letter dated January 19,2022,that they will assume responsibility for satisfying the federal Clean
Water Act compensatory mitigation requirements for the above-referenced project,in accordance with DMS's
Mitigation Banking Instrument signed July 28,2010.
Ej North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROL/NA
Department a/Environmentel ouaury 919.707.9000

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2. Compensatory mitigation for additional impacts to 614 square feet of protected riparian Neuse buffers in Zone 1
shall be required. 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)(formerly NCEEP). Mitigation for
unavoidable impacts to Neuse Riparian Buffers shall be provided in the Neuse River Basin and done in accordance
with 15A NCAC .02B .0295.The DMS has indicated in a letter dated January 19,2022 that they will assume
responsibility for satisfying the compensatory mitigation requirements for the above-referenced project,in
accordance with DMS's Mitigation Banking Instrument signed June 14,2016.
3.All conditions in previous versions of this Certification dated July 10,2019, September 4,2019,January 22,2020,
June 3,2020,and September 16,2020 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: [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 26th day of January 2022
DIVISION OF WATER RESOURCES
,-DocuSigned by:
awl c_uyw ,n,
‘'--9C9886312DCD474...
S.Lanlei Jmnn,I./nee-tor
WQC No.4196
DE - j North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh,North Carolina 27699-1617
NORTH CAROL/NA
Department a/Environmentel ouaury 919.707.9000