20071470 Ver 2_Approval Letter_20101025

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 25, 2010
Steven D. DeWitt, P.E., Chief Engineer
North Carolina Turnpike Authority
1578 Mail Service Center
Raleigh, North Carolina, 27699-1578
Subject Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act and JORDAN BUFFER RULES, with ADDITIONAL CONDITIONS for Wester Wake Freeway
(NC 540) in Wake County, Federal Aid Project No. BRSTP-OOOS(491), State Project No. 6.408006T,
TIP No. R-2635.
DWQ Project No. 20071470 ver. 3.
Dear Mr. DeWitt:
I
Attached hereto is a modification of Water Quality Certification No. 3734 issued to The North Carolina Turnpike,
Authority (NCTA) dated September 22, 2008.
If we can be of further assistance, do not hesitate to contact us. .. ... ,
Sincerely, '
Coleen H. Sullins
u 'Director
Attachments
cc: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office -
Shannon Sweitzer, NC Turnpike Authority
Chris Murray, NCDOT Division 5
Dr. Gregory J. Thorpe, NCDOT PDEA
Philip Todd, SEPI
Beth Harmon, Ecosystem Enhancement Program
File Copy
Transportation Permitting Unit T.rnllc
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 1 orth Carcilina
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 //?/
Plione:919-733-17861 FAX'. 919-733-6893 Na6Fu`14yryl 1?
Internet. http7lh2o.enrstate.na.uslncwetlandsl
An'EGual Opportunily 1 Atrnnative Action Ernc!oyer
Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act
and JORDAN BUFFER RULES, with ADDITIONAL CONDITIONS
THIS 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 Quality (NCDWQ) Regulations in
15 NCAC 2H.0500 and 15A NCAC 2B.0267. This certification modification authorizes the NCTA to impact
additional 0.06 acres of jurisdictional wetlands, 233 linear feet ofjurisdictional streams and 27,487 square feet of
protected riparian buffers in Wake County. The project shall be constructed pursuant to the modification request
dated received October 15, 2010. The additional authorized impacts are as described below:
Additional Stream Impacts in the Caoe Fear River Basin
Section & Site Permanent Impacts to
Intermittent Stream
linear ft Temporary Impacts
to Intermittent
Stream linear ft Total Additional
Stream Impact
linear ft Stream Impacts
Requiring Mitigation
linear 11
B 16 +202 - 22 + 180 +202
C 11 + 38 -33 + 5 0
C 29 0 + 48 + 48 0
Total +240 -7 + 233 + 202
Total Additional Stream Impact for Project: 233 linear feet
Additional Wetland imnacts in the Cane Fear River Basin
Section Permanent Fill Temporary Fill Total Additional Wetland Wetland Impacts Requiring,
I& Site ac ac Impact ac Mitigation ac
!B 17 0.06 0.06.. 0.06
?Total 0.06 .'_.. 0'. '.". 0.06 0.06 ..,.
Total Additional Wetland Inipacffor Project: 0.Wacres:`
Additinnal'.iordan:Rinariam:Buffer; Impacts
r
f
itt f...._
. !Site Zone 1 minus:.. =Zone 1 _ Zone 1 Buffer, .Zone 21 ; minus ; : , =Zone 2 Zone 2 Buffer.
Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation.
(sq ft) in Zone 1, wetlands) Required _
"_- (sq ft) in Zone 2 (not Required (using. ,
_ (sq ft) ,,(sq ft) „ (using 3:1 ratio) r: ,,,. (sq. ft) .wetlands) 1.5:1 ratio) .
s ft
13 16 13410 0 13410' ` 40230 8651 0 8651 12977
C 29 3107 0 3107' N/A 2319 0 2319 N/A
Totals 16517 0 16517 40230 .x- 10970 0 10970 12977
* n/a = Utility work in buffer is allowable with approval; no mitigation required.
Total Additional Buffer Impact for Project: 27,487 square feet.
The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear 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 modification application dated
received October 14, 2010. All the authorized activities and conditions of certification associated with the original
Water Quality Certification dated September 22, 2008 and modified May 5, 2010 still apply except where
superceded by this certification. Should your project change, you are required to notify NCDWQ 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 150 linear 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.0268. 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 clay as the expiration date of the corresponding Corps of Engineers Permit.
Conditions of Certification:
1. Compensatory mitigation for an additional 202 linear feet of impact to streams is required. We understand that
you have chosen to perform compensatory mitigation for impacts to streams through the North Carolina Ecosystem
Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the project. EEP has
indicated in a letter dated October 13, 2010 that they will assume responsibility for satisfying the federal Clean Water
Act compensatory mitigation requirements for the above-referenced project, in accordance with the MOU between the
NCDENR and US Corps of Engineers, Wilmington District, dated November 4, 1998.
2. Compensatory mitigation for additional impacts to 0.06 acres of riparian wetlands at a 2:1 ratio is required. We
understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the North
i Carolina Ecosystem Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the .
project. EEP has indicated in a letter dated October 13, 2010 that they will assume responsibility for, satisfying;the
rs 4 federal Clean Water Act compensatory mitigation requirements for the above-referenced project, in accordance with,: s:
ii the MOU between the NCDENR and US Corps of Engineers, Wilmington District, dated November 4, 1998:' ii
5.' 3. Compensatory mitigation for additional impacts to 13,410 square feet of protected riparian buffers in Zone 1 and
' 8,651 square feet of protected riparian buffers in Zone•2 shall he required. 'We understand that you have, chosen to.::..+.t
perform compensatory mitigation for impacts to protected buffers through use of the North Carolina Ecosystem:,; ' .:
:Enhancement Program (EEP). Mitigation for unavoidable impacts to Jordan Riparian Buffers shall be.provided:in'the:.:,: ?
Jordan Lake Basin and done in accordance with 15A' NCAC 2B.0267. ' EEP has indicated,in a letter dated.October,13,
2010 that they will assume responsibility for satisfying the compensatory mitigation requirements for the above- '
referenced project, in accordance with the Tri-Party MOA signed on July 22, 2003 and the Dual-Party,MOA signed on
April 12, 2004. _ . C.
4. All other conditions written into the previous Water Quality Certification dated September 22, 2008 and the
modification dated May 5, 2010 for this project still apply.
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 8:00am and 5:00pm, 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: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601