20181249 Ver 4_R-2828 Additional - Buffer - NS 01_20200601

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
Mr. Philip S. Harris, III, P.E., CPM
Environmental Analysis Unit
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Dear Mr. Harris:
NORTH CAROLINA
Environmental Quality
May 29, 2020
Subject: DMS Mitigation Acceptance Letter: R-2828, NC 540 from East of US 401 to I-40 Interchange,
Wake County
References: USACE 404 Individual Permit issued October 24, 2019, February 4, 2020 and April 27, 2020
(USACE Action ID 2009-02240)
NCDWR 401 Water Quality Certification issued February 15, 2019, January 30, 2020 and April 20,
2020 (NCDWR Project No. 2018-1249)
The purpose of this letter is to notify you that the Division of Mitigation Services (DMS) will provide the additional
buffer mitigation for the subject project. Based on the information supplied by you in May 2020, the additional impacts are
located in CU 03020201 of the Neuse River basin in the Central Piedmont (CP) Eco-Region, and are as follows:
Table 1— Additional Imuacts (feet / acres)
Neuse
03020201
CP
Stream
Wetlands
Buffer (Sq. Ft.)
Cold
Cool
Warm
Riparian
Non -Riparian
Coastal Marsh
Zone 1
Zone 2
Impacts (feet/acres)
0
0
0
0
0
0
439.0
5,484.0
*NOTE: Some of the stream impacts may be proposed to be mitigated at a 1:1 mitigation ratio. See permit application for details.
This additional impact and associated mitigation needs were not projected by the NCDOT in the 2020 impact data.
DMS is currently providing stream, riparian wetland and buffer mitigation for the impacts associated with this project located
in cataloging unit 03020201 of the Neuse River basin as required by the 404 and 401 permits issued in 2019 and 2020, as
shown in the below table (in mitigation credits):
Table 2 — Current Permitted Impacts and Associated Mitigation Requirements provided by DMS (based on issued permits) and
Revised Anticivated Imuacts (based on mitigation request) — NEUSE 03020201
Impact Type
Total Permitted Impacts
(feet / acre / sq ft)
Mitigation Provided by DMS
per Issued Permits (Credits)
Additional Impact (for
approval)
Revised Total
Impacts
Stream (warm)
0
0
0
0
Riparian Wetland
19.56
39.12
0
19.56
Non -riparian Wtl
0.07
0.07
0
0.07
Buffer — Zone 1
864,106.0
2,592,318.0
439.0
864,545.0
Buffer — Zone 2
541,748.0
812,622.0
5,484.0
547,232.0
NORTH CRROLWAD_E -01
DWaNnant al BMronnbaWl DM
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W. Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976

Mr. Harris
TIP R-2828
May 29, 2020
Page Two
All buffer mitigation requests and approvals are administrated through the Riparian Restoration Buffer Fund. The
NCDOT will be responsible to ensure that appropriate compensation for the buffer mitigation will be provided in the agreed
upon method of fund transfer. Upon receipt of the NCDWR's Buffer Authorization Certification, DMS will transfer funds
from the NCDOT 2984 Fund into the Riparian Restoration Buffer Fund for the additional buffer mitigation. Upon completion
of transfer payment, NCDOT will have completed its riparian buffer mitigation responsibility for TIP Number R-2828.
Subsequently, DMS will conduct a review of current NCDOT ILF Program mitigation projects in the river basin to determine
if available buffer mitigation credits exist. If there are buffer mitigation credits available, then the Riparian Restoration Buffer
Fund will purchase the appropriate amount of buffer mitigation credits from NCDOT ILF Program.
This mitigation acceptance letter replaces the mitigation acceptance letter issued on August 22, 2018, December
6, 2019 and April 9, 2020. DMS commits to implementing additional sufficient buffer mitigation credits to offset the impacts
associated with this project as determined by the regulatory agencies using the delivery timeline listed in Section F.3.c.iii of the
In -Lieu Fee Instrument dated July 28, 2010. If the above referenced impact amounts are revised, then this mitigation
acceptance letter will no longer be valid and a new mitigation acceptance letter will be required from DMS.
If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-707-8420.
Sincerely,
James Stanfill
DMS Asset Management Supervisor
cc: Mr. Monte Matthews, USACE — Raleigh Regulatory Field Office
Ms. Amy Chapman, Division of Water Resources, Wetlands/401 Unit
File: R-2828 Additional
NORTH CRROLWAD_E -01
DWaNnant al BMronnbaWl DM
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W. Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976