Notice of Public Hearing (and Comment Period) for Complete 540 Project (401 Program)

PUBLIC NOTICE is hereby given that the North Carolina Department of Transportation (NCDOT) has applied to the North Carolina Division of Water Resources (DWR) for a 401 Water Quality Certification pursuant to Section 401 of the Federal Clean Water Act and Water Quality Commission rules in 15A NCAC 2B .0101, 15A NCAC 2B .0231 and 15A NCAC 2H .0500.

The activity for which this Certification is being applied for is to construct the 28.8 miles of new alignment for the proposed NC 540 Triangle Expressway Southeast Extension (Complete 540) project in Wake and Johnston Counties (DWR #2018-1249). The Complete 540 project encompasses three NCDOT TIP projects: R-2721 (NC 55 Bypass to US-401), R-2828 (east of US 401 to I-40 Interchange), and R-2829 (east of I-40 to US 64/264).

For R-2721A, proposed impacts to jurisdictional areas total 15.24 acres of permanent wetland impacts, 10,428 linear feet of permanent stream impacts (including 1,0681f of bank stabilization), 441 linear feet of temporary stream impacts, 1.93 acres of permanent pond impacts, and 1,166,439 square feet of Neuse riparian buffer impacts. Additionally, R-2721A has 0.02 acres of non-404 isolated wetland impacts and 0.21 acres of non-404 impacts to ponds constructed in uplands.

R-2721B has 12.69 acres of permanent wetland impacts, 0.60 acres of temporary wetland impacts, 9,4431inear feet of permanent stream impacts (including 9071f of bank stabilization), 485 linear feet of temporary stream impacts, 14.04 acres of permanent pond impacts, and 1,308,419 square feet of Neuse riparian buffer impacts.

R-2721B has 2.43 acres of non-404 isolated wetland impacts and 1.52 acres of non-404 impacts to ponds constructed in uplands.

Preliminary proposed impacts (based on proposed slope stakes plus 25 feet) for R-2828 include, 19.30 acres of permanent wetland impacts, 20,086 linear feet of permanent stream impact, 5.99 acres of permanent pond impacts, and 2,031,787 square feet of Neuse riparian buffer impacts. Additionally, R-2828 has 0.30 acres of non-404 isolated wetland impacts, and 0.02 acres of non-404 impacts to ponds constructed in uplands.

R-2829 proposed impacts (based on proposed slope stakes plus 25 feet) include 18.40 acres of permanent wetland impacts, 17,3871inear feet of permanent stream impacts, 7.57 acres of permanent pond impacts, and 2,268,108 square feet of Neuse riparian buffer impacts.

NCDOT is proposing payment to the NC Division of Mitigation Service In-lieu-fee Program (NCDMS ILF) for compensatory mitigation for R-2721. Compensatory mitigation for R- 2828 is proposed from a combination of NCDMS ILF and private mitigation banks. NCDOT will develop a compensatory mitigation strategy for R-2829 when the anticipated contract timeline is within five years.

Please note the date for the public hearing has changed.

The public is hereby notified that that the Division of Water Resources will hold a public hearing on November 16, 2018 starting at 1 p.m. in the Ground Floor Hearing Room in the Archdale building located at 512 N. Salisbury Street in Raleigh, North Carolina.

The public is invited to comment in writing on the above-mentioned application as well as speaking during the Public Hearing. Speaking times will likely be limited to 3 minutes maximum per speaker, with the final time limit to be determined on the day of the hearing depending upon the number of speaking slots requested. Those wanting to speak will need to register at the hearing and speaking sequence will be in the order of registration. Written comments may be forwarded at any time before or after the hearing provided they are received by the Division no later than December 16, 2018.

Please submit your written comments electronically via this link: https://edocs.deq.nc.gov/Forms/Public_Notice_Comments?Public_Notice_Name2=DWR%20-%20NC%20540%20Triangle%20Expressway%20Southeast%20Extension%20(Complete%2054 0)%20-%2011/8/2018%20-%2012/8/2018&Folder_ID_Passed=752314

You also have the option of supplying written comments via regular mail to the N.C. Division of Water Resources, Water Quality Permitting Branch, 1617 Mail Service Center, Raleigh, NC, 27699-1617, Attn: Amy Chapman, or emailed to Amy.Chapman@ncdenr.gov (919-707-8784). 

Comments may also be hand-delivered to the physical location of the DWR Central Office at 512 N. Salisbury St., Raleigh, NC, 27604. Please be sure to identify the Complete 540 project in the subject line of your correspondence to ensure proper routing.

Copies of the 401 application are posted online at: https://edocs.deq.nc.gov/WaterResources/Browse.aspx?startid=294248
(Username: public, Password: password) 

Original physical copies of all public comments received will also be available online.