20131282 Ver 2_Approval Letter_20150415

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 15, 2015
Mr. Richard W. Hancock, P.E., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Donald R. van der Vaart
Secretary
Subject: Modification to the 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
ADD[TIONAL CONDITIONS for Proposed East End Connector from US 70 to NC 147 in Durham
County, Federal Aid Project No. NHF-76-1(2), State Project No34745.1.1, TIP No U-0071.
NCDWR Project No. 20131282 ver. 2.
Dear Mr. Hancock:
Attached hereto is a modification of CertlfiCatlOn NO. 3980 issued to The North Carolina Department of Transportation
(NCDOT) originally dated January 28, 2014.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
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S. Jay Zimmermarr, Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Chris Murray, Division 5 Environmental Officer
James Mason, NCDOT NEU
Beth Harmon, Division of Mitigation Services
File Copy
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.nctlenr.gov
An Equal Opportunity 1 Affrmative Aclion Employer

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Pat McCrory
Governor
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NCDENR
North Carolina Department of Environment and Natural Resources
Donald R. van der Vaart
Secretary
Modification to 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 ofthe United States and subject to the North Carolina Division of Water Resources (NCDWR) Regulations
in 15 NCAC 2H .0500 and 15A NCAC 2B.0233.This certification authorizes the NCDOT to impact an additional
127 linear feet of jurisdictional streams and 5447 square feet of protected riparian buffers in Durham County. The
project shall be constructed pursuant to the modification dated April l, 2015. The authorized additional impacts are
as described below:
Additional Stream Im acts in the Neuse River Basin
Site Bank Stabilization to Temporary Impact Total Additional Additional Stream
Perennial Stream to Perennial Stream Permanent Stream Impacts Requiring
linear ft linear ft Im act linear ft Miti ation (linear ft
7 55 - 6 55 55
(decrease)
17 24 , -11 24 24
(decrease)
23 48 - 48 48 48
(decrease)
Tota! 127 - 65 (decrease) 127 127
Total Additional Permanent Stream Impact for Project: 127 linear feet
Additional lYeuse Riparian Buffer 1
Additional Additional Zone 1 Buffer Additional Zone 2
Zone 1 Impact Mitigation Required Impact
s ft usin 3:1 ratio s ft
2560 7680 135
1524 4572 1228
4084 12252 1363
Total Additional Buffer Impact for Project: 5447 square feet.
Additional Zone 2 Buffer
Mitigation Required
(using 1.5:1 ratio)
203
1842
2045
The application provides adequate assurance that the discharge of fill material into the waters of the Neuse and Cape
Fear 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-SOO and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opporiunity 1 Affirmative Aciion Employer

Pat McCrory
Governor
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NCDENR
North Carolina Department of Environment and Natural Resources
Donaid R. van der Vaart
Secretary
This approval is only valid for the purpose and design that you submitted in your application received December 12,
2013 and modification request dated April l, 2015. 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.0242(9) . For
this approval to remain valid, you are required to comply with all the conditions listed below. [n 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:
l. Compensatory mitigation for additional 127 linear feet of impact to streams is required. We understand that you
have chosen to perform compensatory mitigation for impacts to streams through the North Carolina Division of
Mitigation Service (DMS) (formerly NCEEP), and that the DMS has agreed to implement the mitigation for the
project. The DMS has indicated in a letter dated March 31, 2015 that they will assume responsibility for satisfying
the federal Clean Water Act compensatory mitigation requirements for the above-referenced project, in accordance
with the DMS Mitigation Banking Instrument signed July 28, 2010.
2. Compensatory mitigation for additional impacts of 4084 square feet of protected riparian buffers in Zone 1 and
1363 square feet of protected riparian buffers in Zone 2 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 March 31, 2015 that they will assume responsibility for satisfying the compensatory mitigation
requirements for the above-referenced project, in accordance with DMS's Mitigation Banking [nstrument signed
July 28, 2010. •
3. This modification is applicable only to the additional proposed activities. All of the authorized activities and
conditions of certification associated with the original Water Quality Certification dated January 28. 2014 still apply
except where superseded by this certification.
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.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affrmative Action Employer

Pat McCrory
Governor
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NCDENR
North Carolina Department of Environment and Natural Resources
Donald R. van der Vaart
Secretary
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:OOam and S:OOpm, 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: (919)-431-3100
A copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
Departr�ent of Environment and Natural Resources
1601 Mail Service Center
WQC No. 3980
This the 15th day of Apri12015
DIVISION OF WATER RESOURCES
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S. Jay Zimmerman, Director
Division of Water Resources
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.nctlenr.gov
An Equal Opportunity 1 Affrmative Aclion Employer