20190593 Ver 5_DMS letter_20200914

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ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S.REGAN
Secretary
TIM BAUMGARTNER
Director September 11,2020
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:
Subject: DMS Mitigation Acceptance Letter:
I-5111/I-4739,I-40 Widening,Wake and Johnston Counties
References: USACE 404 Individual Permit issued September 6,2019 (USACE Action ID 2009-00556)
NCDWR 401 Water Quality Certification issued September 4,2019 and January 22, 2020
(NCDWR ID 2019-0593)
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 on September 9,
2020,the impacts are located in CU 03020201 of the Neuse River basin in the Central Piedmont(CP) and Northern
Inner Coastal Plain(NICP)Eco-Regions, and are as follows:
Table 1 —Additional Impacts (feet/acres)
Neuse Stream Wetlands Buffer(Sq.Ft.)
03020201 Non- Coastal
CP/NICP Cold Cool Warm Riparian Zone 1 Zone 2
Riparian Marsh
Impacts(feet/acres) 0 0 0 0 0 0 539.0 656.0
*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)
, -D_E Q
NORTH CAROLINA
DoparYnant of Environmental Ruall
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W.Jones Street 11652 Mail Service Center I Raleigh,North Carolina 27699-1652
919.707.8976

Mr.Harris
TIP I-5111 /I-4739
September 11,2020
Page Two
Table 2—Current Permitted Impacts and Associated Mitigation Requirements provided by DMS(based on
issued permits) and Revised Anticipated Impacts(based on mitigation request)
Total Permitted Mitigation Provided by Additional Revised Total
Impact Type Impacts DMS per Issued Impact(for Impacts*
(feet/acre/sq ft) Permits(Credits) approval)
Stream(warm) 6,452.0 12,904.0 0 6,452.0
Riparian Wetland 1.01 2.02 0 1.01
Buffer—Zone 1 290,542.0 871,626.0 539.0 290,542.0
Buffer—Zone 2 161,217.0 241,826.0 656.0 161,217.0
*Some of the additional stream impacts maybe proposed to be mitigated at a 1:1 mitigation ratio.See permit application for details.DMS
will provide the amount of mitigation as determined by the regulatory agencies.
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.
Upon completion of transfer payment,NCDOT will have completed its riparian buffer mitigation responsibility for
the additional buffer mitigation required for TIP Number I-5111 /1-4739. 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 April 26,2019
and January 15 and May 27,2020. 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,
7i6A4426vi.
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: I-5111 /I-4739 Mod 3
D_EQ)NORTH CAROLINA
Departnent of Environmental arallty
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W.Jones Street 11652 Mail Service Center I Raleigh,North Carolina 27699-1652
919.707.8976