20190593ver7

DocuSign Envelope ID: E2DEC916-BF4F-40D8-A707-581906FAllA7
a�t STATE
ti
ROY COOPER
Governor
ELIZABETH S.BISER `
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
July 7,2022
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 1-440 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 7.
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,January 26,2022 and July 7,2022.
This approval is for the purpose and design described in your application.The plans and specifications for this
project are incorporated by reference as part of this Water Quality Certification. If you change your project,you
must notify the Division and you may be required to submit a new application package with the appropriate fee. If
the property is sold,the new owner must be given a copy of this Certification and is responsible for complying with
all conditions. [15A NCAC 02H.0507(d)(2)]. This Certification does not relieve the permittee of the responsibility
to obtain all other required Federal, State,or Local approvals before proceeding with the project,including those
required by,but not limited to,Sediment and Erosion Control,Non-Discharge,Water Supply Watershed,and Trout
Buffer regulations.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
DocuSigned by:
O� �y C*APK.11A\_
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
Chris Rivenbark,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 ,.n­w 919.707.9000

DocuSign Envelope ID: E2DEC916-BF4F-40D8-A707-581906FA11A7
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,9273 linear feet of jurisdictional streams and 645171 square feet of protected riparian
buffers in Wake&Johnston Counties. The project shall be constructed pursuant to the modification request
received June 21,2022 and revised July 6,2022. The authorized Revised Impact Sites are as described below:
Site 14A:
• +15 linear feet Stabilization permanent impact to Intermittent Stream
• +400 square feet Zone 1 Buffer Mitigable Impact
+186 square feet Zone 2 Buffer Mitigable Impact
*Site 14A revised totals in application plan sheets July 6, 2022:20 linear feet Permanent
Stream Impact. 20 linear feet Temporary Stream Impact. 0 ac wetland impact. 2058 square feet
Zone I Mitigable Buffer Impact. 1132 square feet Zone 2 Mitigable Buffer Impact.
Site 14B:
+12 linear feet Stabilization permanent impact to Intermittent Stream
• -12 linear feet(decrease)Temporary intermittent stream impact
*Site 14B revised totals in application plan sheets July 6, 2022:20 linear feet Permanent
Stream Impact. 31 linear feet Temporary Stream Impact. 0 ac wetland impact. 1824 square feet
Zone I Mitigable Buffer Impact. 1680 square feet Zone 2 Mitigable Buffer Impact.
Site 55:
+40 linear feet Stabilization permanent impact to Perennial Stream
• -40 linear feet(decrease)Temporary Perennial Stream impact
*Site SS revised totals in application plan sheets July 6, 2022: 118 linear feet Permanent
Stream Impact. 10 linear feet Temporary impact. 0.01 ac wetland impact. No buffer 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 application revision
dated received July 6,2022. 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.061 I(b)(2).
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.
This Water Quality Certification neither grants nor affirms any property right,license,or privilege in any lands
or waters,or any right of use in any waters. This Water Quality Certification does not authorize any person to
interfere with the riparian rights,littoral rights,or water use rights of any other person and does not create any
prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be
interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water
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:E2DEC916-BF4F-40D8-A707-581906FA11A7
use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the
date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials,the
Division may inspect the property.
Conditions of Certification:
1. Compensatory mitigation for impacts to 400 square feet of protected riparian buffers in Zone 1 (3:1 ratio)and
186 square feet of protected riparian buffers in Zone 2(1.5:1 ratio)shall be required. We understand that you have
chosen to perform compensatory mitigation for impacts to protected buffers through use of the Marks Creek
Mitigation Site. Mitigation for unavoidable impacts to Neuse Riparian Buffers shall be provided via deduction of
1479 square feet of Buffer Restoration Credits at the Marks Creek Mitigation Site in accordance with 15A NCAC
2B.0295,as stated in your application and the included debit ledger.
2.All conditions in previous versions of this Certification dated July 10,2019,September 4,2019,January 22,
2020, June 3,2020,September 16,2020,and January 26,2022 still apply.
This approval and its conditions are final and binding unless contested[G.S. 143-215.5]. Please be aware that
impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates
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.
A party filing a Petition must serve a copy of the Petition on:
William F.Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,NC 27699-1601
If the party filing the Petition is not the permittee,then the party must also serve the recipient of the Certification in
accordance with N.C.G.S 15013-23(a).
This the 7th day of July 2022
DIVISION OF WATER RESOURCES
Docuftned by:
""? "
9C9886312DCD474...
Richard E.Rogers,Jr,Director
WQC No.4196
REQ5 North Carolina Department ofEnvironmental 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
onparhnem of EmironmanW 9uallly