20131282 Ver 3_Approval Letter_20151026

North Carolina Department of Environmental Quality
Pat McCrory
Governor
October 26, 2015
Mr. Colin Mellor, Group Leader
Project Development a7d Cnvironmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Donaltl 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
ADDITIONAL 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 No.34745.1. i, TIP No U-0071.
NCDWR Project No. 20131282 ver. 3.
Dear Mr. Mellor:
Attached hereto is a modification of Certification 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;
�-c' ,
S. J�ay Zimme an, 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.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer

Pat McCrory
Governor
North Carolina Department of Environmental Quality
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 CONDITIOI�TS
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 .OSQO and 15A NCAC 2B.0233.This certification authorizes the NCDOT to impact additional
jurisdictional streams in Durham County. The project shall be constructed pursuant to the modification dated
October 15, 2015. The authorized additional impacts are as described below:
Additional Stream Im
Site Bank
Stabilization to
Intermittent
Stream
linear ft)
6 25
23 0
Temporary
Impact to
Intermittent
Stream
(linear ft)
- 15 (decrease
in the Neuse River Basin
Bank Stabilization
to Perennial
Stream (linear ft)
13
Permanent Fill
to Pe:ennial
Stream
(linear ft)
0
- 10 (decrease
Tem pora ry
Impact to
Perennial
Stream
(linear ft)
0
- 11 (decrease
The application prov�des adeq�ate assurance that the discharge of fill material inte 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 dischaj�ge guidelines. Therefure, the State of i�Iorth Carolina certifies that this activity wili not violate
rhe ao�licable perticns of Secziors 301, 3�i2, 3b3, 30.F,; 30"1 of t':. S2-SU� and �L 95-21 ; i; conci.cteu' in accordance
with the app;ication and co��itions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application received December 12,
2013 and modification requests dated April l, 2015 and October 15, 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 tl�is 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. 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.
Condition of Certification:
1. This modification is applicable only to the �roposed modified activ�ties. AI: of the authorized activities and
conditions of certification associated with the original Water Quality Certification dated January 28. 2014
and modification dated April l5, 2015, still apply except where superseded �y this certification.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunity \Affirmative Action Employer

Pat McCrory
Governor
North Carolina Department of Environmental Quality
Donald R. van der Vaart
Secretary
Violations of any condition herein set forth may result in revocation of this Cerrification 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
w:th 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 ofthe petition must be filed with the Office of
Administrative Hearings.
The petit;on may be faxed-provided the original and one copy of the document :s received b� 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. Sa�r. NI. Hayes, G�r�era! Coansel
i_�epartrnent of Environmental Qual�ty
1601 Mail Service Center
WQC No. 3980
This the 26th day of October 2015
DIVISION OF WATER RESOURCES
���.!' W.. v�'`� `t��
S. Jay Zimmerman, Director
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Aciion Employer