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Home My WebLink About20181249ver9 DocuSign Envelope ID: BB125BAC-A2EA-40E3-8DB4-F64BF58E80D9 a�t STATE ti ROY COOPER Governor ELIZABETH S.BISER ` Secretary RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality May 18,2022 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,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 9 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,November 1,2021,and May 18,2022. If we can be of further assistance,do not hesitate to contact us. Sincerely, DocuSigned by: 9C9886312DCD474... Richard E.Rogers Jr,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 North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611 NoaniCAaouNn p��,.1 ,.n—w 919.707.9000 DocuSign Envelope ID:BB125BAC-A2EA-40E3-8DB4-F64BF58E80D9 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.0714 and ISOLATED WETLANDS PERMIT Pursuant to IWGP 100000. This certification version authorizes the NCDOT to impact 55.34 acres of wetlands,40153 linear feet of jurisdictional streams and 43195165 square feet of protected riparian buffers in Wake&Johnston Counties. The project shall be constructed pursuant to the permit modification request received May 11,2022. The revised authorized impacts are as described below: R-2721B Stream Impact Revision: Site 9:Additional 20 linear feet intermittent stream for streambank stabilization. Revised Site 9 Total Impacts: 204 ft Permanent Fill. 135 ft Streambank Stabilization. 37 ft Temporary Impact. R-2721B Wetland Impact Revisions: Site 9: 0.054 acres Temporary Excavation changed from Mechanized Clearing. 0.07 acres Permanent Excavation changed from Mechanized Clearing. Revised Site 9 Total Impacts: 0.06 ac Permanent Fill, 0.07 ac Permanent Excavation. 0.06 ac Temporary Excavation. 0.26 ac Mechanized Clearing. Site 20: 0.04 acres Permanent Excavation changed from Mechanized Clearing. Revised Site 20 Total Impacts: 0.62 ac Permanent Fill. 2.29 ac Permanent Excavation. 0.05 ac Mechanized Clearing. Site 27: Additional 0.01 acres Mechanized Clearing,and<0.01 acres Permanent Fill. Revised Site 27 Total Impacts: 0.01 ac Mechanized Clearing. <0.01 ac Permanent Fill. R-2721B Neuse Buffer Impact Revisions: Site 23: Additional 1444 square feet Zone 2 impact. Revised Site 23 Total Impacts: 1444 sq ft Zone 2 impact. Site 18: Additional 27 square feet Zone 1 impact. Additional 644 square feet Zone 2 impact. Revised Site 18 Total Impacts: 55977 sq ft Zone 1 impact. 38523 sq ft Zone 2 impact. 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 REQ5 North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 onparhnem of EmironmanW 9uallly DocuSign Envelope ID:BB125BAC-A2EA-40E3-8DB4-F64BF58E80D9 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. 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 181 Day of May 2022 DIVISION OF WATER RESOURCES DOCUSigned by:C 0 *'(� 9C9886312DCD474_. Richard E.Rogers Jr,Director WQC No.4179 REQ5 North Carolina Department of Environmental Quality I Division ofWater Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 naparMeM of EmironmanW 9uallly