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Home My WebLink About20181249v11-Hold.pdfDocuSign Envelope ID: 6EAE27FC-4FFF-4F8B-A57F-72FCC9148888 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality January 13, 2023 DWR # 20181249 ver 11 Wake & Johnston Counties TIP #R-2828 Dennis Jernigan, PE Interim Chief Engineer NC Turnpike Authority 1578 Mail Service Center Raleigh NC 27699 Subject: REQUEST FOR ADDITIONAL INFORMATION NC 540, R-2828, Wake & Johnston Counties, DWR# 20181249 ver 11. Dear Mr. Jernigan: On January 11, 2023, the NC Division of Water Resources (Division) Transportation 401 & Buffer Permitting Branch received your application requesting a Modification to your 401 Water Quality Certification and Neuse Riparian Buffer Approval from the Division for the subject project. The Division has determined that your application is incomplete and requires additional information before making an informed permit decision. The application is on Hold until the following information is received: The modification request is for needed demolition of two structures (87 and 88) of the interchange of US 70 Bypass at 1-40, for the new interchange with NC 540. Due to these structures being located in the sensitive Swift Creek watershed, NC DWR requires the most extensive Best Management Practices (BMPs) practicable for the proposed activities. In this watershed, the Water Quality Certification #4179 for R-2828 required the use of Design Standards in Sensitive Watersheds [15A NCAC 4B.01241. The Demolition Plans for these structures (pages 25-30 of the application) discuss various steps for this process without discussion of which applicable BMPs will be employed at various stages of the demolitions. The cover letter provided by NC Turnpike Authority describes the various BMPs proposed to protect jurisdictional North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 i�iw 919.707.9000 DocuSign Envelope ID: 6EAE27FC-4FFF-4F8B-A57F-72FCC9148888 features (wetlands, streams, and/or riparian buffers) to prevent debris adversely impacting these features, in general. These include, but are not limited to, crane mats, geotextile fabric, straw bales, and other methods. However, DWR notes that the Demolition Plans for these structures do not discuss which of those BMPs are being used at which steps (and/or shifts) of the plan. It is unclear which deck spans or bents are located at jurisdictional features and which BMPs will be employed at those steps — versus which ones are in non -jurisdictional uplands. (It is noted that the demolition plans were able to identify which decks and bents are located in a location that affects traffic lanes. A similar identifying approach for jurisdictional features would be expected.) These details are imperative to be assured that wetlands, streams and buffers are protected appropriately at each applicable impact site. This is also needed to ensure that onsite inspections, both internal as well as by state and federal agencies, can determine that each step of the demolition is within permit compliance. Please submit information that provides these details describing various BMPs employed at each stage and location where wetlands, streams, and/or riparian buffers are impacted by these structure demolitions. [15A NCAC 2H.05061, [15 A NCAC 2B.0714], [15A NCAC 02H .0507], and [15A NCAC 4B.0124]. Pursuant to Title 15A NCAC 02H .0502(e) and 15A NCAC 0213.0611, the applicant shall furnish all of the above requested information for the proper consideration of the application. Please respond in writing within 30 calendar days of receipt of this letter by sending one (1) copy of all of the above requested information to the NCDWR Transportation Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by submitting all of the above requested information through this link: https://edocs.deg.nc.gov/Forms/Supplemental-Information- Form (note the DWR# requested on the link is referenced above). If a response is not received within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be denied as incomplete. The denial of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please be aware that you have no authorization under the Section 401 of the Clean Water Act and Buffer Rules for this requested activity and any work done within waters of the state not already approved for this project may be a violation of North Carolina General Statutes and Administrative Code. � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-161 1 NORTH CAROLINA o�mmemm�mro��wq�si� /� 919.707.9000 DocuSign Envelope ID: 6EAE27FC-4FFF-4F8B-A57F-72FCC9148888 Please contact Rob Ridings at rob.ridings@ncdenr.gov or 919-707-8786 if you have any questions or concerns. Sincerely, E DocuSigned by: !�W LVIA Jf�. 9C9886312DCD474— Amy Chapman, Supervisor NCDWR Transportation 401 & Buffer Permitting Branch cc: Eric Alsmeyer, USACE Raleigh Regulatory Field Office Jennifer Harris, PE, NC Turnpike Authority Deanna Riffey, NCDOT Project Development & Environmental Analysis Travis Wilson, NC Wildlife Resources Commission Gary Jordan, US Fish & Wildlife DWR Transportation 401 & Buffer Permitting Branch file D � � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NCFTH CARCLINA 919.707.9000 n mw�.—w rwai