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Home My WebLink About20131282 Ver 6_Approval Letter_20180821NORTH CAROLINA ROY COOPER EnHronn�enmlQuatny Gwernar MICHAEL S. REGAN snTKary LlNDA CULPEPPER fnle16n Dife(fA Augus[ 31. 3018 Mr. Philip S. Harris, I11, P.L-.. CPM Natural Emironmen[ Section Head Project Development and F,nvironmental Analysis North Carolina Depariment of Transportation I598 Mail Service Center Ralei�h, North Carolina, 27699-1598 Subject Modification [o [he -101 Water Quality Certitication Nunuant to Section 401 of �he Federal Clean Water AcL NEUSE BUFFLR RULES, and ISOLA��ED WETLANDS PF.RMIT Pursuant to IWGPI00000, with ADDITIONAL CONDITIONS For Proposed East End Connector from US 70 to NC 147 in Durham Cuimn. Federal Aid Project No. NHF-76-I(? �. State Project No. 3d7J5.l.l. TIP No. U-0071. NCDN'R Pro,ject No. ?01 + 1282 version 6. Dear Mr. Harris: Attached heretu is a moditica[ion of Certitication No. 398U issued [o The North Carolina Department of l�ransportatiun (NCDOT) uriginally dated January '_8. ?Old. � Moditied previously on April 15, 2015, October 26, ?015. May 5, ?016, and November 15, �017.) If we can be of further assistance, do not hesitate to contact us. Sincerzly, ` j� �� ..� v� . Lin Culpepper, I tenm Director Divisfon oF Water Resources Attachments Elec[ronic copy only distribution: Eric Alsmeyer, US Army Corps of Engineers. Raleigh Field Oflice Chris Murrav. Division i Environmental Otiicer Chris Rivenbark. NC Department of Transporta[ion File Copy Y_..�',.,, D Q�; Nurth Carolina Depart!nent of Env�ronmental Quehtv � Dwision of Water Resources 512 NORh Sahsbury S[reet 1617 Mad Sen�ice Center Faleig�. North Carolina 27699-1617 919]07.9000 ROY COOPER covnncr MICHAEL S. REGAN sHrH�,v LINDA CULPEPPER lnre.fm are�rrr NORiH CAROLINA Emlronmenro! Qual(ry MoJiPcation lo ihe 1111 Water Qualitq Crrlification Pursunnt tn Section a01 of the FeJeral Clean w'ater Act NEUSF. BUFFF.R RULES, and ItiOLATED W'ETL.4tiDS PERMIT Pursuant to IWGP100000 with ADDITIOM1AL CONDITIONS THIS CERTIFICATION is issued in confbrmit}� with ihe reyuirements of Section d01 Public I.aws 92-5pp and 9i-� 17 of ihe Unimd Stares and subject to the North Carolina Divi�ion of Whrer Resourczs (NCDW RI Regulations in I> NCAC ?H .0�00 and I>A NC4C'_6.0'_33 and ISOLATED WETLANDS PERMIT Pursuant ro IWGPI00p00. rhis certitita[ion authorizes ihe NCDOT to impact an addilional -1�0 linear feel of jurisdictional sveams and '_3018 syuare fiet oFpro�ected riparian buffars in Durham Cowu��. 7�he project s'hall be constructed pursuant ro the modiflca�ion received August 17. 2018. -The audwrized impact changes are as described below: Site SRI Tutal Additional Strcam Stabilira[ion [o Perennial Stream (linear �>U 150 Total Additional Stream Impact fur Project: a�0 linear fect. Site SRI Totals Addi[ional Neuse Ri arian Buffer Zone 1 Impact (sq ft) 1±860 13860 Tutal Buffer Impact for Project: 23018 square feet. Total Stream Impa Ji0 a5U �ac[s Zone? Impa� 915g 9�5g The appiication provides adequaie assurance that the dischar,e of till ma[erial into the wa�ers of the Neuse Rivar Basin in coqjunetion with the proposed development will nut resul[ in a violalion ol applicahle Water Qualit} St�ndards and discharee euidzlines. Thercfora the Stare ul'Nonh Carolina ccrtitics diat �his ac�ivitv will not viulate the applicable purtions of Soctions' 301, 30?. 303. 306. :07 of PL 92-�00 and PL 9�-'_ V if conducted in accordance wiih the application and condi[ions hzreinafter se[ forth. This approval is onl}� valid Ibr the purpose and design that }au submitted in your modified application dated received Aueus� 14. 2018. All the authorized activities �nd cunditions of certiflcation associa�ed with ihr ori�,inal Water Quality Certitication dated Januarv 38. 301� and all subsequent modifications, still apply ezcept wherc superceded by this certification. Should your project chan,e, you are required to notify ihz NCDWR and submit a new application. If Ihe propert} is sold. [he new u�cner mus� be �iven a copy u(this Cettiticatiun and approval letter, and is thereb�� responsible fur complyin, with all the conditions. If am� additional wetland impacts. ur stream impacts, for ihis project Inow or in t�he future) e��ceed une acre or I i0 linear fect, respectivel��. additional compensatory miti�_alion may be required as described in I SA NCAC 31-I .Oi06 (h) (6) and (7). Additional buffer impacts may� require compensaton mitigation as described in I�A NCAC _'[3.033 ;. for �his approval to rcmain valid, you are required �o comply with all thc conditions listed below. In addition, you should obtain all other North Caroima Departinen[ or Em��r�ninarrtai Quanb Droivon of Water Resources i12 North Sal�sbury Street 161,' Mad Serv�cz Czn[er Raleigh. North Carolina 27699161` 919-70' 9000 federal, state or local permits before proceeding with your project including (but not limired 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 corcesponding Corps of Engineers Permit. Conditions of Certification: I. This modification is applicable only to the additional proposed activities. All of the authorized activities and conditions of certification associated with the original Water Qualiry Certification dated January 28, 2014 and three subsequent modifications dated Aprii I5, 2015, October 26, 2015, May 5, 2016 and November 15, 2017, still apply except where superseded by this certification. 2. Channel relocations shall be completed and stabilized, and approved on site by NCDWR staft; prior to diverting water into the new channel. Vegetation used for bank stabilization shall be limited to native riparian vegetation, and should include establishment of a vegetated buffer on both sides of the relocated channel to the macimum extent practical. Riprap shall be placed in the channel in a matter that does not preclude aquatic life passage. Once the stream has been tumed into the new channel, it may be necessary to relocate stranded fish to the new channel to prevent fish kills. [ISA NCAC 02H .0506(b)(3) 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 [he 404 or CAMA permi[. 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 O�ce 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 ( I) copy of the petition must be filed with the Office of Administrative Hearings. The pe[ition may be faxed-provided the original and one copy of the dowment is received by the Office of Adminish'ative Hearings within five (5) business days following the faxed transmission. The mailing address for the Oftice of Administrative Hearings is: Oftice of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 A copy of [he petition must also be served on DEQ as follows: Mr. Bill F. Lane, General Counsel Department of Environmental Qualiry 1601 Mail Service Center This the 2l st day of August 2018 DIVISION OF WATER RESOURCES 0� c ��- Linda Culpepper, Interim Director WQC No. 3980