20111044 Ver 1_Certified Return Receipt_20120123

(7 e�
A LT1-i-v
0XA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
January 23 2012
CERTIFIED MAIL 7009 2250 0004 3265 6667
RETURN RECEIPT REQUESTED
Dr Gregory J Thorpe Environmental Management Director
NCDOT Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh NC 27699 1598
SUBJECT Proposed Improvements for the 1-40 & 177 Interchange in Statesville Including 1-40 from
West of SR 2003 (Radio Road) to SR 2158 (Old Mocksville Road) and 177 from South of SR
2321 (East Broad Street) to South of SR 2171 (Jane Sower Road) TIP No 13819A Federal
Aid Project No IMS-40 2 Iredell County DWQ No 11 1044
Dear Dr Thorpe
The Division of Water Quality (DWQ) has reviewed your submittal for a 401 Water Quality Certification
Modification for the aforementioned project Review of your modification request revealed it is lacking the
necessary information required for making an informed permit decision The permit application was deficient in
the following areas
NCDOT is proposing mitigation for 1 36 acres of wetlands through the preservation of 26 69 acres of
wetlands NCDWQ requires wetland mitigation at the ratio of 2 1 for impacts associated with this project
for a total of 2 67 equivalent acres of mitigation Per 15A NCAC 2H 0506 NCDWQ requires that ' /z of the
mitigation for the proposed impacts be provided through wetland restoration or creation Therefore 1 36
acres of wetland restoration or creation must be provided as part of the proposed mitigation plans
unless the Director determines that the public good would be better served by another type of mitigation
If NCDOT intends to pursue preservation as mitigation for the wetland impacts on this project a written
request with the appropriate justification must be submitted to the Director of Water Quality for review
NCDOT is proposing mitigation for 1 438 linear feet of stream impact through on site stream restoration
(1 050 linear feet — 1 1 ratio) and enhancement (1 305 linear feet — 2 1 ratio) with any excess stream
mitigation added to NCDOT s debit ledger for use in adjacent HUCs in the future According to the
Stream and Wetland Mitigation Plan provided the buffer of the stream restoration and enhancement
area will be planted Additionally the banks of the stream restoration area will be planted with live
stakes on 4 foot centers NCDWQ is concerned that the proposed stream restoration portion of the
mitigation plan does not meet the definition of stream restoration as defined under the 2003 Stream
Mitigation Guidelines The proposed activities are more accurately defined as stream enhancement and
therefore would not merit the mitigation ratio of 1 1 as proposed by NCDOT and awarded for stream
restoration activities
Mooresville Regional Office
Location 610 East Center Ave Suite 301 Mooresville NC 28115
Phone [phone] Fax [phone] Customer Service 1 877 623 6748
Internet htti) //portal ncdenr orq /web /wq
An Equal Opportunity 1 Affirmative Action Employer One
NorthCarolina
Aaturally

Dr Gregory Thorpe
Page Two
• A stream channel will be relocated at Permit Site 1 During a previous site review NCDWQ requested
that the existing streambed material be excavated and stockpiled for use in the relocated stream Please
provide a detail indicating that the streambed material will be stockpiled and placed in the new stream
channel
• Sheet 2 R of the Preliminary Plans does not provide the size of the nprap to be used for Details B K and
W In some cases the size of the nprap is provided on the plans however the detail sheet(s) must be
consistent with the plans
• Please provide the slope of the 5 foot lateral base ditch (which will be conveying the stream) at Permit
Site 8
• Floodplain benches are being constructed at Permit Site 12 Detail BN on Permit Drawing Sheet
indicates that Class II nprap will be used Sheet 2 S of the Incomplete /Preliminary Plans indicates that
Class I will be used The plans must be consistent and depict the use of Class If nprap for the
construction of the floodplain benches
• At Utility Site U1 Wetland 6 will be open cut and backfilled Please indicate whether the excavated soils
will be stockpiled and replaced in the trench and if the excavation area will be reseeded with a wetland
seed mix
• At Utility Sites U4 and U5 the Wetlands 12 and 14 will be hand cleared for powerline relocations Please
indicate whether this activity will require the re establishment of wetland vegetation
• At Utility Sites U2 and U3 Streams 2 and 6 will be open cut for water line installations Please indicate
whether the excavated soils will be stockpiled and replaced in the stream and how you propose to
stabilize the streambanks after the installation of the water line
Therefore pursuant to 15A NCAC 2H 0507(a)(5) we will have to place the permit request on hold until we are
supplied with the necessary information You have 21 days to respond in writing with the requested information
or notification to this office that the information is forthcoming If at the end of the 21 days this office has not
received this information in writing we will assume you are withdrawing your application and it will be returned
Furthermore until the information is received by the NC Division of Water Quality we request by copy of this
letter that the US Army Corps of Engineers place the permit modification request on hold If you have any
questions or require additional information please contact Polly Lespinasse at [phone]
Sincerely
`--� __
, E
for Charles Wakild P E
Director
cc Liz Hair US Army Corps of Engineers Asheville Field Office
Trish Simon DEO NCDOT Division 12
Erin Cheely NCDOT PDEA
Sonia Carrillo NCDWQ Central Office
File Copy