20131282 Ver 4_Approval Letter_20160505

Water Resour-ces
LN\�IRONMENil1L �U/�LI I Y
Mr. Ph�l:p S. Harris; 1[I, 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
E'-A I �Il_l IZ<)RY
I)O'�,.�I�U lt V'.AN I>I.i: ��:1:�IZ�1�
May 5, 2016
5. Jnl' 'l.IhiMI�.RM��N
Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act and NEUSE BUFFER RULES, with ADDIT[ONAL CONDITIONS for East End Connector from US
70 to N(: 147 in Durham County, Federal Aid Project N�, NHF-76-1(?), Srate Pro;ect No. 34745.1.1,
T1P No. U-0071.
NCDWR Project No. 20131282 ver. 4
Dear Mr. Harris:
Attached hereto is a modification of Certification No. 3980 issued to The North Carolina Department of
Transportation (NCDOT) dated January 28, 2014; and modified April l5, 2015 and October 26, 2015.
[f we ca:� be of further assistance, do not hesitate to cor.tact us.
Sincere�y>
S. Jay Zimmerman, Dir ctor ���
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
Chris Rivenbark, NC Department of
Beth Harmon, Division of Mitigation Services
File Copy
Siate of North Carolina �Emironmentai Qualiry , W ater Resuurces
16'7 Mail Service Czr:ter, kaleigh. North Carolina 2'699-1617
Phone:919-80?-6300

Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
and NEUSE BUFFER RULES with ADDITIONAL CONDITIONS
THfiS CERTIFICAiI01'd is issued in conformity with the requirements of Section 4� 1 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 T�T�AC 2H .0500 and 15A NCAC 2B.0233. This certification authorizes the NCDOT to impact aii additional
0.09 acres of jurisdictional ��etlands, 279 linear feet of jurisdictional streams and 5149 square feet of protected
riparian buffers in Durham County. The project shall be constructed pursuant to ihe modification dated received
May 4, 2015. The authorized additional impacts are as described belo�v:
Additional Stream Im acts in the Neuse River Basin
Site Permanent Riprap to Temporary Riprap to Temporary Total l�1ew Stream Impacts Requiring
Fill to Intermittent Impact Perennial dmpact to Imgact 1bIitigation
Intermittent Stream Intermittent Stream Perennial (linear ft) (linear ft)
Stream (linear ft) Stream (linear ft) Stream (linear
(linear ft) (linear ft) ft)
4 0 +105 +5 0 0 110 0
12 + 84 - 24 - 60 0 0 84 0
i7 � 0 0 U + 55 � + 5 60 55 �
17A + 25 - 19 0 0 0 25 0
Total New Stream Impacts for 1Vloditication: 27y l�near ieet
Additional Wetland Imaacts in the Neuse River Basin
Site Permanent Fill Temporary Excavation Mechanized Clearing Hand Clearing Total New Wetland
(ac) Fill (ac) (ac) (ac) (ac) Impact (ac)
33 +0.09 0 0 0 0 +0.09
Total New Wetland Impact for PJlodi#ication: 0.09 acres.

Zone 1 Impact
Site (sq ft)
4 633
17 3845
Totals � 4478
Additional I�Ieuse R
Zone 1 Buffer Mitigation Required
(using 3:1 ratio)
1899
11535
13434
n Buffer Im
Zone 2 Impact
(sq ft)
Total Additional Buffcr Impact for Modification: 5149 square feet.
671
671
Zone 2 Buffer Mitigation Required
(using I.5:1 ratio)
0
1007
1007
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 Vl-'ater 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.
Tnis approval is only valid for the purpose and design that you submitted in your modified appiication dated
received May 4, 2016. All the authorized activities and conditions of certification associated with the original Water
Quality Certification dated January 28, 2014 still apply except where superceded by ihis certification. Should your
project change, you are required to notify the NCDWR and submit a new application. [f 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. [f 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 ISA NCAC 2B.0233. For this approval to remain valid, you are required to comply with all the conditions listed
below. In addition, you should obtain al! other fe�+eral, state or (ocal permits befare proceeding with your project
inciuding (but not limited to) 5ediment and Erosion controi, Coastal Stormwater, Non-discharge and Water Supply
�vatershe�i rLguia:ions. i his i;eriifcaiion sf:ai? etipir� on ?'t�e sainP dwy as �ne ex�ica:io:� date o:*�tne ce�•responciing
Cotps of Engineer5 Permit.
Cor�ditions of Certificatioi�:
1. 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 and
subsequent modifications dated April i 5, 2015 and Uctober 26. 2015 still apply except where superseded by this
certification.
2. Compei�satory mitigation for additional 55 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
M�tigation Service (DMS) (formerly NCEEP), and that the DMS has agreed to implement the additional mitigation
for the project. The DMS has indicated in a letter dated May 3, 2016 that they will assume responsibility for
satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced preject, in
accordance with the DMS Mitigation Banking Instrument signed July 28, 2010.
3. Compensatory mitigation for impacts to additional 4478 square feet of protected riparian buffers in Zone 1 and
671 square feet of p►•otected 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 additional impacts to Neuse Riparian
Bu;fers shall be provided in the Neuse River Bas:7 and done in accordance with 15A NCAC 2B.0295. The DMS has
indicated in a letter dated May 3, 2016 that they will assume responsibility for satisfying the compensatory
mitigation requiren�ents for the above-referer�ced project, in accordance with CMS's �litigation f3anking ;nstrurnent
signed July 28, 2010.

Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. T'his 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
heazing. 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 ofthe petition must be filed with the Office of
Administrati�e 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.
T'he 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. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This the Sth day of May 2016
DIVISION OF `NATER RESOURCE�
���
. ay Zimmerma , l�irector
WQC No. 3980