20131282 Ver 5_Approval Letter_20171103

En vironm en tu (
Quality
November I5, 2017
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Sec[ion Head
Projec[ Development and Emironmen[al Analysis
North Carolina Department of Transporta[ion
I �98 Mail Service Center
Raleigh, North Carolina, 27699-1598
ROY COOPER
rorernor
MICHAEL S. REGAN
.tirc�retan�
LINDA CULPEPPER
Luerirn Dirac�or
Subject: Modification to the 401 Water Quality Certification Pursuant to Section �101 of the Federal Clean Water
Act, NEUSE BUFPER RULES, and ISOLATED WETLANDS PERMIT Pursuant to [WGP100000, with
ADDITIONAL CONDITIONS for Proposed East End Connector from US 70 to NC 147 in Durham
Counry, Federal Aid Project No. NHF-76-1(2), State Project No. 34745.1.1, TIP No. U-0071.
NCDWR Project No. 20131282 version 5.
Dear Mr. Harris:
Attached hereto is the Fourth modification of Certitication No. 3980 issued to The North Carolina Department of
Transportation (NCDOT) dated January 28, 2014. (Modified previously on April I5, 2015, October 26, 2015, and
May 5, 2016.)
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
�.�.� �- �-�`��1 �- �
Lin Culpepper, Interim Director
Division of Water Resources
Attachmen[s
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 Transportation
Beth Harmon, Division of Miti�ation Services
File Copy
Stare of North Camlina I F.mironmental Qualiry
1617 Meil Servlce Cznter I Ralzieh. North Camlina 2 7699-1 61 7

Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
1VEUSE BUFFER RULES, and ISOLATED WETLANDS PERMIT Pursuant to IWGP100000 with
ADDITIONAL CONDITIONS
TI�IS 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 .0500 and 15A NCAC 2B.0233 and ISOLATED WETLANDS PERMIT Pursuant to IWGP100000.
This certification authorizes the NCDOT to impact an additional 0.03 acres of jurisdictional wetlands, 12 linear
feet of jurisdictional streams and 2622 square feet of protected riparian buffers in Durham County. The project shall
be constructed pursuant to the modification received November 3, 2017. The authorized impact changes are as
described below:
Site
Increases & Decreases to Stream
Riprap St�bilization to Perennial Stream (linear ft)
23
Total
Site
10
11
Total
Zone 1
Site Impact
(sq ft)
9 +2115
10 I - 977
+12
+12
Increases & Decreases to Wetland
= Zl Impact
Requiring
Mitigation (sq ft)
+ 806
- 971
in the Neuse River Basin
Temporary Fill to Perennial Stream (linear ft)
- 16
-16
�cts in the Neuse Itiver Basin
Mechanized Clearing
(ac)
+ 0.03
- 0.01
+ 0.02
Increases & I➢ecreases to Neuse Rinarian Buffer
Zone 1 Buffer Mitigation
Requirecl
(using 3:1 ratio)
+ 2418
- 2913
Zone 2
Impact
(sq ft)
+ 507
- 904
= Zl Impact
Requiring
1Vlitigation (sq ft)
+ 499
- 904
Zone 2 Buffer
Mitigation Required
(using 1.5:1 ratio)
+ 748
- 1356
Totals + 1138 - 165 - 495 ` 4� - 397 - 405 - 608
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 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 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your modified application received
November 3, 2017. All the authorized activities and conditions of certification associated with the original Water
Quality Certification dated January 28, 2014, and all subsequent modifications, still apply except where superseded
by this certification. 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 1501inear 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.0233. 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 correspond'mg Corps of Engineers Permit.
Conditions of Certification:
1. Compensatory mitigation for impacts to 353595 square feet of protected riparian buffers in Zone 1 and 241567
square feet of protected riparian buffers in Zone 2 shall be required, based on the most recent totals in this
certification version. 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 2B.0295. The DMS has indicated in a letter dated October 26, 2017 that
they will assume responsibility for satisfying the compensatory mitigation requirements for the above-referenced
project, in accordance with DMS's Mitigation Banking Instrument signed June 14, 2016.
2. 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 three
subsequent modifications dated April 15, 2015, October 26, 2015, and May 5, 2016, 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 Federa1404 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
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: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This the l�h day bf (�kJ� • 2017
DNISION OF WATER RESOURCES
� � V t. Vv��"`' � G"+ "— `
md Culpepper, Interim Director
WQC No. 3980

Ea viron m en t u!
QUQ�f�y
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Wa[er Qualiry Certification:
ROY COOPER
r„��e��m,��
MICHAEL S. REGAN
.�'r�rrerorr
LINDA CULPEPPER
Giterim Dlre�/or
Certificate of Completion
Upon completion of all work approved wi[hin the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to retum this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Cen[er, Raleigh, NC, 27699-1617. This form
may be returned to NCDW R by the applicant, the applicanCs authorized agent, or the project engineer. It is not
necessary to send certificates from all of [hese.
Applicanr's CertiJ7cation
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Qualiry Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signamre: Date:
Agent's Certification
1, , hereby state that, [o the bes[ of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Wa[er Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Erigineer's Certificafion
Partial Final
I, . as a duly regis[ered Professional Engineer in the State of North
Carolina, having been au[horized [o observe (periodically, weekly, full time) [he construc[ion of [he project for the
Permittee hereby state that, to Ihe best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built widiin substantial compliance and intent of the 401
Water Quality Certifica[ion and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Regis[ration No.
State o( North Carolina I Emimnmen[al QuaGty
IGI7 M11ail Stn'icr Canizr I Rnlzigh. North Cnrohna ^_7(.44-Ifi17
Da[e

Carpenter,Kristi
From: Rivenbark, Chris
Sent: Friday, November 03, 2017 12:30 PM
To: Eric Alsmeyer ([e-mail]);
Ridings, Rob
Cc: AI-Dhalimy, Nadia A; AI-Ghandour, Majed N; Barclay,
Carl A; Chapman, Amy; gary�[e-mail]; Hanks,
Brian; Hopkins, Joey; Carpenter,Kristi; Lauffer,
Matthew S; Mellor, Colin; Murray, Christopher A;
NCDOT Service Account - Roadway Design; Staley,
Mark K; Wilson, Travis W.; svc.pwayscue; Harmon,
Beth; Mason, James S; Wray, Michae) G
Subject: Permit Modification for U-0071, Durham County
The permit modification request for U-0071 has been prepared. The electronic copy can
be viewed/downloaded at
htt�s.:�./...�ca n_n_e�t.,_n�dcat.:.�ca.v/resca_u_r�es/�_nvi_rca_n_rn�_e_nta.1/
This email serves as our permit modification request to the U.S. Army Corps of
Engineers and the N.C. Division of Water Resources.
Chris Rivenbark
Environmental Analysis Unit
North Carolina Department of Transportation
919 707 6152 office
crivenbark(a�ncdot.qov
1598 Mail Service Center
Raleigh, NC 27699-1598
1020 Birch Ridge Drive
Raleigh, NC 27610
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