20020878 Ver 1_More Info Letter_20020228

~QF 'd a r, ~ ~RQ rvucrraei r. r_asiey, l9ovemor
William G. Ross Jr., Secretary
\~ G North Carolina Department of Environment and Natural Resources
~ r Alan W. Klimek, P.E. Diiector
>_ y Division of Water Quality
O '~C
June 28, 2002
CERTIFIED MAIL: Return receipt requested
Mr. William D. Gilmore, P.E., Manager
Planning and Environmental Branch ~ ~ L E C P
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-15.48
Re: §401 Water Quality Certification Application for Cabarrus County; Kannapolis Westside Bypass,
from NC 73 to NC 136, State Project 9.8103406, TIP No. U-2009B.
Dear Mr. Gilmore:
The Division of Water Quality has reviewed your submittal fora §40I Water Quality Certification for the
aforementioned project. Review of your application revealed it lacking necessary information required
for making an informed permit decision. The permit application was deficient in the following areas:
• The stream impacts exceed what is now allowable under the USACE regional conditions for NW 14
(300 feet of cumulative loss or perennial streams and intermittent streams that exhibit important
aquatic function). As a result, an Individual Permit will likely be required by US Army Corps of
Engineers.
• This project must provide mitigation for all stream and wetland impacts (cumulative) not just the sites
over 150 feet. This will exceed the 548 feet being offered in the application.
• Proposed mitigation sites:
• DWQ requests data regarding the success of the restoration work at the Afton Run site.
• The Key Branch Mitigation Site must have an approved mitigation plan before this can be used
for mitigation credit.
• The §401 Water Quality Certification application was not signed and dated as required.
Therefore, pursuant to 15A NCAC 2h .0507(a)(4), the permit application is hereby returned until we are
supplied the necessary information. 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 continue to place
the permit application'on hold. Should additional issues come forth as part of the public hearing process
we will advise you so that those matters may be addressed.
~~~
Z'DEhdR
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/

We look forward to working with you to expedite the processing of your permit application. If you have
any questions or require additional information, please contact Cynthia F. Van Der Wiele at
919.733.5715.
,.
n R. Dorney
' ater Quality Ce ificati Program
pc: USACE Wilmington Regulatory Office
Steve Lund, USACE Asheville Wield Office
NCDWQ Mooresville Regional Office
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