20190593ver8

DocuSign Envelope ID: 85F848F0-F297-4B5B-9F73-E28FAAFD4483
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
North Carolina Division of Water Resources
Transportation Permitting Branch
In -Field Minor 401 Water Quality Certification Modification
Project Name/ TIP Project No.:I-5111; Interstate 40 Date: April 26, 2024
DOT Division: _5 County: _ _Wake & Johnston DWR Project No. 20190593 ver 8
Permit Type: WQC#4196 DOT Field Staff: Heather Montague_ DWR Staff: Rob Ridings
Modification Description:
Site 1 6A: Original impacts here included 1 OLF of temporary surface water impacts due to plug
and fill of existing pipe, to provide room for temporary dewatering if needed. Note the
jurisdictional stream begins at this outlet. This 24" CMP was going to be replaced by a new
concrete system across Ramp D, then with a rip rap pad and a lateral 4' base swale down to just
inside BZ 2. Field conditions revealed the original design would have required approximately
22ft deep cut across the ramp in an area that is rock. Therefore, the request for change proposes
that the existing 24" CMP will remain in use. To stabilize the outlet of this existing pipe, 1 OLF of
countersunk Class I rip rap bed and banks is now proposed. We don't anticipate this switch from
temporary surface water impacts to permanent surface requiring additional mitigation as the
function of this open stream segment would remain. Buffer impacts remain unchanged.
Modification Sketch:
L R RIP RAP \ \\\ \
IAn: 4' 6IE 45E SWA!
iEOTEXTILE SEE DETAIL U
\ \
Proposed 10LF of Class I RR
betl antl banks for stab i I it on L
{S
R PROPOSED
CRRCF, PIPE 4204 _
(60"RCP, BURIED I.O')
SITE 16A WPP
�&
SITE 16B
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 CARCLINA
919.707.9000

DocuSign Envelope ID: 85F848F0-F297-4B5B-9F73-E28FAAFD4483
This in -field modification is requred for the following reason(s):
• The information contained in the application or presented in support thereof is incorrect in
the following manner:
n/a
• Conditions under which the original certification was issued have changed in the following
manner:
Field conditions revealed the original design would have required approximately 22ft deep cut
across the ramp in an area that is rock. Therefore, the request for change proposes that the
existing 24" CMP will remain in use. To stabilize the outlet of this existing pipe, IOLF of
countersunk Class I rip rap bed and banks is now proposed.
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
Add bank stabilization to Site 16A of I-5111 in the same footprint that temporary
impact had been previously permitted.
NO additional mitigation is required.
In WAKE & Johnston Counties. The project shall be constructed as described in the Modification
Description and Sketch on Page 1 of this document dated 04/26/2024 to improve/construct the section
of —Page 1 of this document dated _04/26/2024_. Any further changes to the original Water Quality
Certification 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 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. .
Conditions(s) of Modification Approval:
1. All the authorized action activities and conditions of the certification
associated with the original Water Quality Certification dated July 10, 2019
and all other corresponding modification still apply except where
superseded by this certification.
D � � 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
gaparMeM of EmironmanW quay

DocuSign Envelope ID: 85F848F0-F297-4B5B-9F73-E28FAAFD4483
2. Modified Site (16A of I-5111)) shall be constructed in manner requested by
NCDOT in accordance with the request dated April 26, 2024. Any variation will
require an additional modification.
Failure to construct the proposed action as described in the Modification Description and Sketch on
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. §150B-23 et seq. DocuSignedby:
?�
80ECA32C7C38490...
DWR Field Staff Signature:
4/26/2024 DocuSigned by:
Date: '4/
1319E94CB59D49E...
DOT Field Staff Signature:
Date:
' — 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
onparhnem of EmironmanW 9uallly