20090104 Ver 6_Approval Letter_20180514

Environmen tal
Quality
May 14, ?018
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Ralzigh, North Carolina, 27699-1598
ROY COOPER
�,��,��-�•�z��,•
MICHAEL S. REGAN
tic�crirruri
LINDA CULPEPPER
lrvlu�•!ni Dir�27oi•
Subject: Moditication to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act, NEUSE & TAR-PAMLICO BUFFER RULES, and ISOLATED WETLANDS PERMIT Pursuant to
IWGP100000 with ADDITIONAL CONDITIONS for Proposed improvements to US 401 in Wake &
Franklin Counties, Federal Aid Project No. STP-401(249), State Project No. 81403001, TIP R-3814C
NCDWR Project No. ?0090104 ver. 6
Dear Mr. Harris:
Attached hereto is a modification of Certification No. 3790 issued to The North Carolina Department of
Transportation (NCDOT) originally dated June 16, ?009. (Modifications issued May ?6, 2010; November 29, 2010;
June ?0, ?014; and November 18, 2016.)
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
� (� .
�
Lin a Culpepper, Interim Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Chris Min-ray, Division 5 Environmental Officer
Chris Rivenbark, NC Department of Transportation
Beth Hannon, Division of Mitigation Services
File Copy
S[ate oCNorth Carolina � l�im�ironmcntal Qualit��
1617 �tail Sen ice Center � ftaleieh, North Carolina 2 7699-1 6 1 7
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Modification to the �O1 VVater Qualit�� Certification Pursuant to Section �O1 of the Federal Clean Water Act,
NGUSE & TAR-P.AMLICO BUFFER RULES, and ISOLATED WETLANDS PERMIT Pursuant to
IWGP100000 with ADDITION.AL CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Sectiun -101 Public Laws 9?-�00 and
9i-? 17 of the United States and subject to the North Carolina Division of Water Resources (NCDWR) Re��ulations
in 15 NCAC �I-I .0�00. I�A NCAC ?B.0333, 15A NCAC ?B.0?�9, and ISOLATED WETLANDS PF:RMIT
Pursuant to IWGPI00000. This certitication authorizes the NCD01' to impact an additional 3.39 acres of�
jurisdictional �vetlands, 197? linear feet of jurisdictional streams and 236,086 square feet of protected riparian
buffers in Wake & Franklin Counties for R-2814 Section C. The pr�ject shall be constructed pursuant to the
moditication dated received Ma} 9, ?018. The authorized impacts are as described belo�v:
Additional Section C Wetland Impacts in the Tar-Pamlico River Basin
Site � Mechanized Clearing (ac) � Total Additional Wetland Impact (ac) � Wetland Impacts Requiring Mitigation (ac)
13B
1 �l
Total
0.0?
0.01
0.03
0.03
Total Additional Wetland Impact for Section C: 0.03 acres.
Additional mirrus
Site Zone 1 Wetldnds
Impact in Zone 1
(sq ft) (sq ft)
9D 1013
Totals 1013
���
ji?
Additional Section C Tar-Pamlico Rinarian Buficr Impacts
= Zone 1
Buffers
(not wetlands)
(sq ft)
d61
�61
Zone I F3uffer
Mitigation
Rey u i red
(using 3:1
ratio)
1�8i
138�
Additional minus
Zone 2 Wetlands
Impact in Zone 2
('sy ft) (sq ft)
1991 ?07
1991 207
Total Additional Tar-Pamlico Buffer Impact for Section C: 3004 square feet.
0.02
0.01
(1.03
= Zone 2
Buffers
(not wetlands)
(sq ft)
178�
I 78=1
Zone 2 Buffer
Mitigation
Required
(using 1.5:1
ratio)
The application provides adequate assurance that the discharge of till material intu the ��aters uf the Tar-Pamlicu
River Basin in conjunction �ith the proposed development �vill not result in a violation oPapplicable Water Qualiry
Standards and dischar��e guidelines. Theretom, the State of North Carolina certifies that this activity will not violatr
the applicable portions of Sections 301, 30?, 303, 306. 307 of PL 9�-�00 and PI. 9�-? 17 if conducted in accordance
with the application and conditions hereinafter set tbrth.
This approva) is only valid fi�r the purpose and desi�n that �ou submitted in your moditied application dated
received May 9, ?018. All the authorized activities and conditions of certification associated with the original Water
Quality Certitication dated June 19. 2009 (and modifications issued May ?6, ?010; November 29, 2010; Jw�e ?0.
201�: and November 18. ?016) still apply ezcept �vhere superceded by this certitication. Should your project
change, you are required to notify the NCDWR and submit a new application. If the property is sold. the new o�vner
must be given a copy of this Certification and approval letter, and is thereby responsible for complyin�� �vith all the
conditions. If any additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one
acre or I�0 linear feet, respectively, additional compensatory miti`�ation may be required as described in 15A NCAC
2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory miti��ation as described in I tiA
NCAC ?B.0'_33 and 1>A NCAC 2B..0?i9. For this approval to remain valid, �ou are required to comply with all
the conditions listed below. In addition, you should obtain all other federal, state or local permits before proceedin��
with your project includinU (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge
and Water Supply watershed regulations. This Certitication shall expire on the same dav as the ezpiration date uf
the correspondin�, Corps of En�_ineers Permit.
?676
�767

Conditions of Certification:
l. This modification is applicable only to the additional proposed activities. All ofthe authorized activities and
conditions of certification associated with the original Water Quality Certification and subsequent modifications still
apply except where superseded by this certification. .
2. Compensatory mitigation for impacts to addition 0.03 acres of Tar-Pamlico Basin wetlands is required. We
understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the North
Carolina Division of Mitigation Services (DMS), and that the DMS has agreed to implement the mitigation for the
project. DMS has indicated in a letter dated March 28, 2018 that they will assume responsibility for satisfying the
federal Clean Water Act compensatory mitigation requirements for the above-referenced project, in accordance with
DMS's Mitigation Banking Instrument signed July 28, 2010.
3. Compensatory mitigation for impacts to additional 461 square feet of protected Tar-Pamlico riparian buffers in
Zone 1 and 1784 square feet of protected Tar-Pamlico 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). Mitigation for unavoidable impacts to Tar-Pamlico Riparian
Buffers shall be provided in the respective river basins and done in accordance with I SA NCAC .02B .0295. The
DMS has indicated in a letter dated March 28, 2018 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.
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 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
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 of�icial state holidays. The original and one (1) copy of the petition must be filed with the Of�tce 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 14th day of May 2018
D SION OF WATER RESOURCES
� � � ,
Linda lpepper, [ntenm Director
WQC No. 3790