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Home My WebLink About20181249v16DocuSign Envelope ID: 479737FA-F680-4FOB-9ABC-6A642255AE87 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Dennis Jernigan, PE Deputy Chief Engineer NC Turnpike Authority 1578 Mail Service Center Raleigh NC 27699 NORTH CAROLINA Environmental Quality December 12, 2023 Subject: MODIFICATION of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and NEUSE BUFFER RULES, ADDITIONAL CONDITIONS for Proposed construction of the Triangle Expressway Southeast Extension (NC 540) in Wake & Johnston Counties, Federal Aid Project No. STP-0540(19-21), State Project No. 37673. LTA2, TIP Nos, R-2721, R-2828, & R-2829. NCDWR Project No. 20181249 version 16 Dear Mr. Jernigan: Attached hereto is a copy of the Modification to Certification No. 4179 issued to The North Carolina Department of Transportation (NCDOT) originally dated February 15, 2019, modified January 30, 2020, April 23, 2020, June 1, 2020, December 29, 2020, March 9, 2021, April 8, 2021, November 1, 2021, May 18, 2022, July 22, 2022 and February 15, 2023, June 19, 2023, July 19, 2023, August 4, 2023, August 11, 2023, and December 12, 20223. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. If we can be of further assistance, do not hesitate to contact us. Do Signed by: mcerei'y, Q►M�wtaln, 4F4DD2F21 EA846E... Richard E. Rogers, Director Division of Water Resources Attachments Electronic copy only distribution: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Beth Harmon, NC Division of Mitigation Services Jennifer Harris, PE, NC Turnpike Authority Deanna Riffey, NC Department of Transportation File Copy 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 NORTH CARCLINA p.P.b..d.1�.nw 919.707.9000 DocuSign Envelope ID: 479737FA-F680-4FOB-9ABC-6A642255AE87 MODIFICATION of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and NEUSE 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 Resources (NCDWR) Regulations in 15 NCAC 2H .0500 and 15A NCAC 2B.0714. This certification Modification authorizes the NCDOT to impact an additional 236 linear feet of streams and an additional 7887 square feet of protected riparian buffers in Wake County. The project shall be constructed pursuant to the permit modification request received December 8, 2023. The additional authorized impacts are as described below: Additional Section R-2828 Stream Impacts in the Neuse River Basin Site Permanent Impact to Perennial Stream (linear ft) Impacts requiring Mitigation (linear ft) 41 236 236 Total 236 236 Total Additional Stream Impact for Project R-2828: 236 linear feet Additional Section R-2828 Neuse Riparian Buffer Impacts Site Zone 1 Impact (sq ft) Zone 1 Buffer Mitigation Required (using 3:1 ratio) Zone 2 Impact ft) Zone 2 Buffer Mitigation Required (using 1.5:1 ratio) 7(sq 41 7887 23661 0 0 Totals 7887 23661 0 0 Total Additional Buffer Impact for Project R-2828: 7887 square feet. The application provides adequate assurance that the discharge of fill material into the waters of the Neuse 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 application received January 11, 2023 and additional information received February 13, 2023. Should your project change, you are required to notify the NCDWR 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 2B.0611(b)(2). 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. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 onparhnem of EmironmanW 9uallly DocuSign Envelope ID: 479737FA-F680-4FOB-9ABC-6A642255AE87 interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, the Division may inspect the property. Conditions of Certification: 1. All conditions in the 401 Water Quality Certifications for this project, originally dated February 15, 2019, and all modifications afterwards, still apply. 2. Compensatory mitigation for 236 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 Division of Mitigation Service (DMS), and that the DMS has agreed to implement the mitigation for the project. The DMS has indicated in a letter dated December 4, 2023 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above -referenced project, in accordance with the DMS Mitigation Banking Instrument signed July 28, 2010. 3. Compensatory mitigation for impacts to 7887 square feet of protected riparian buffers in Zone 1 shall be required. We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers through use of the North Carolina Division of Mitigation Services (DMS) (formerly NCEEP). Mitigation for unavoidable impacts to Neuse Riparian Buffers shall be provided in the Neuse River Basin and done in accordance with 15A NCAC 213 .0295. The DMS has indicated in a letter dated December 4, 2023 that they will assume responsibility for satisfying the compensatory mitigation requirements for the above -referenced project, in accordance with DMS's Mitigation Banking Instrument signed June 14, 2016. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 onparhnem of EmironmanW 9uallly DocuSign Envelope ID: 479737FA-F680-4FOB-9ABC-6A642255AE87 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 150B-23(a). This the 12t' day of December 2023 DIVISION OF WATER RESOURCES IA DocuSigned by: Kl� awKAAAA, 4F4DD2F21 EA846E... Richard E. Rogers, Jr, Director WQC No. 4179 REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 onparhnem of EmironmanW 9uallly