20071470 Ver 3_Application_20101214

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 14, 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 Western Wake
Freeway (NC 540) in Wake County, Federal Aid Project No. BRSTP-OOOS(491), State Project
No. 6.408006T, p
TIP No. R-2635.
DWQ Project No. 20071470 ver. 4.
Dear Mr. DeWitt:
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
Director
Attachments
cc: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Shannon Sweitzer, NC Turnpike Authority
Dr. Gregory J. Thorpe, NCDOT PDEA
Philip Todd, SEPI
File Copy
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: [phone]
Internet: http:/Ot2o.encstate.nc.us/nmedandsr
NorthCarolina
Naturally
An Equal Opportunity 1 Affirmative Action Employer
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 213.0267. This certification modification authorizes the
NCTA to impact additional 0.06 acres of jurisdictional wetlands, 233 linear feet of jurisdictional 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 December 8, 2010. The additional authorized
impacts are as described below:
Additional or Reduction o Section B Wetland Impact s in the Cape Fear River Basin
Site Excavation ac Mechanized Clearing (ac) Total Reduced Welland Impact ac
19 +0.03 -0.07 -0.04
Total +0.03 -0.07 -0.04
Total Reduced Wetland Impact for Project: -0.04 acres
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 December 8, 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 and
October 25, 2010, still apply except where superceded by this certification. Should your project change,
you are required to notifyNCDWQ and submit a new application. Ifthe 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 day as the expiration date of the corresponding Corps of Engineers
Permit.
Conditions of Certification:
1. All conditions written into the previous Water Quality Certification dated September 22, 2008 and the
modifications dated May 5, 2010 and October 25, 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
This the 14th day of December 20 t0
DR ISION OF WATER QUALITY

Coleen H. Sullins
111 Director
WQC No. 3734
11