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Home My WebLink About20181249v12DocuSign Envelope In A52BAD34-FA70-AFAB-PAW) 18DBF2EAnrA3 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality North Carolina Division of Water Resources Transportation Permitting Unit In -Field Minor 401 Water Quality Certification Modification Project Name/ TIP Project No.:R-2721A; NC Hwy 540_ Date: June 19, 2023 DOT Division: _5 County: __Wake DWR Project No. 20181249 ver 12 Permit Type: WQC#4179 DOT Field Staff: Nicole Thomson_ DWR Field Staff: Rob Ridings Modification Description Site 35: Change of Impact. 650 linear feet of permanent stream impact modified from riprap-lined ditch to piped impact. No new additional permanent stream impacts ---change of Type of impact only. Impact already mitigated for. This change was discussed agency field review March 14, 2023. Design -build team described the change in Reclamation Plan dated May 18, 2023. NCDOT (Turnpike Authority) requested in -field mod via email dated June 15, 2023. Modification Sketch: SR 1,500 fKILOAIRE FARM ROAp1 17.333 28,000 w HOLLY SPRINGS RO 24,267 35JO0 NORTH CAROLINA �� M, 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 919.707.9000 DocuSign Envelope ID: A52BAD34-F470-4FAB-B40D-18DBF2EAOFA3 This in -field modification is required for the following reason(s): • The information contained in the application or presented in support thereof is incorrect in the following manner: • Conditions under which the original certification was issued have changed in the following manner: Design -Build Team wishes to extend the fill slop to adaiacent property for three stated reasons. (1) Future Maintenance: Difficulty petting access for maintaining and cleaning riplined ditch after proiect completion. (2) Vehicle & Pedestrian Safety: sidewalks parallel to open ditch next to seep slope is current plan and this change creates more safety. (3) Future Utility Access: poles located near toe of slope require traversing steep slopes to perform maintenance. This in -field modification is valid only if issued by an authorized agent of the Division of Water Resources, Transportation Permitting Unit' This in -field modification authorizes the NCDOT to Change 650 linear feet of permanent stream impact from riprap-lined ditch, to Piped impact. Impact is already mitigated for and no change to amount of impacts is proposed. This is for Site 35 on section R-2721A of the Complete 540 Proiect. In WAKE County. The project shall be constructed as described in the Modification Description and Sketch on Page 1 of this document dated_06/19/2023 to improve/construct the section of _NC 540_that extends from NC 55 to 1-40 . The approved design is that described in the Modification Description and Modification Sketch on Page 1 of this document dated _06/19/2023_ Any further changes to the original Water Quality Certification dated February 15, 2019, modified January 30, 2020, April 20, 2020, June 1, 2020, December 29, 2020, March 9, 2021, April 8, 2021, November 1, 2021, May 18, 2022, July 22, 2022, and February 15, 2023, may require a formal written modification request. The description of the proposed action provides adequate assurance that the proposed action in 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 Section 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. Should your project change, you are required to notify the DWR 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 conditions. 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 Modification Approval shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit. . 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 DocuSign Envelope ID: A52BAD34-F470-4FAB-B40D-18DBF2EAOFA3 Conditions(s) of Modification Approval: 1. As -built drawings of the proposed action shall be submitted to the NC DWR Transportation Permitting Unit within 30 days of completion of the action. 2. All the authorized action activities and conditions of the certification associated with the original Water Quality Certification dated _02/15/2019_ and all other corresponding modification still apply except where superseded by this certification. 3. Modified Site (#33, section R-2721A) shall be constructed in manner requested by NCDOT in accordance with the request dated June 15, 2023 and in manner with the referenced Reclamation Plan and Agency Field Meeting Minutes. Any variation will require an additional modification. Failure to construct the proposed action as described in the Modification Description and Sketch on Page 1 of this document and/or violations of any condition herein set forth may result in revocation of this modification approval and may result in criminal and/or civil penalties. This modification approval shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. If the Corps of Engineers requires a formal written modification to the 404 permit for the proposed action, the NC DWR must require a formal written modification to the 401 WQC, and therefore, this in -field modification is invalid. If additional (wetland, stream, buffer) impacts for this project (now or in the future) exceed (one acre, 150 linear feet, or one-third of an acre/150 linear feet, respectively), or if mitigation is required above and beyond the current mitigation requirement for this project, this in -field modification is invalid and a formal written modification is required. This in -field modification is effective upon the date the last party signs this document. This in -field modification is made upon mutual agreement between DOT and DWR as indicated by the signatures below and is, therefore, not subject to appeal by either party. Appeals by third parties must be made within sixty (60) days of notification pursuant to the contested case provisions of the Administrative Procedure Act, NC Gen. Stat. §15013-23 et seq. DocuSigned by: DWR Field Staff Signature: E�-+--� 6/19/202 3 80ECA32=38490_. Date: j(DocuSigned by: 1`1(,f7� TA.dWlSf7tA. DOT Field Staff Signat e: Date: 6/19/202 3 1 — An authorized agent of the Transportation Permitting Unit is defined as DWR staff that are DOT -funded and review and issue 401 Water Quality Certification for DOT projects. These staff include Central Office and Regional Office personnel. 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 naparMeM of EmironmanW 9uallly