20050785 Ver _Information Letter_20090302

STATE OF NORTH CAROLINA
DEPA RTNMNT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDQ TIPPM
GovEx.NaR SECRETARY
February 26, 2009
U.S. Army Corps of Engineers NCDENR Division of Coastal Management
Regulatory Field Office 400 Commerce Ave
Post Office Box 1000 Morehead City, NC 285.57
Washington, North Carolina 27889-1000
N. C. Dept of Env. and Natural Resources
Division of Water Quality
Washington District Office
943 Washington Square
Washington, North Carolina 27889
ATTN: Mr. William Wescott, USACE NCDOT Coordinator
Mr. Steven Lane, DCM NCDOT Coordinator
Mr. Garcy Ward, DWQ NCDOT Coordinator
Dear Sirs:
Subject: Submittal of In-Water Work Study Plan for Review and Ap
per Permit Conditions of 404 Individual Permit, 401 Water
Certification Permit, and Letter of Refinement for CAMA
Development Permit for the proposed Washington Bvpass. US 1
Reference: USACE Action ID 199301143
DWQ Project No. 050785, WQC No. 3527
The North Carolina Department of Transportation (NCDOT) is submitting a study plan to
monitor the effects of in-water pile driving work on anadromous fishes per the revised
permit conditions. The NCDOT respectfully requests that the referenced study be
reviewed as soon as possible. We are providing copies of this study to all applicable
resource agencies directly.
If you have any questions or need additional information, please call me at (252) 830-
3495.
Sincerely,
Maria A. Rogerson,PE
Assistant Resident Engineer
MAILING ADDRESS: TELrRQNE: 919-733-3141 LOCATION:
NC DEvARTUEN' 0z TPANBPDRTAnDN FAX: [phone] TRANSPORTATION SULDNO
PROJCCT DEVfi OMAENT AND EN MD;NPXNTAL ANALY8s5 1 SOUTH WILIdif:GTOI: STREET
1548 MAIL P2ALEALEIGHNC ?709$ERJICE9-3548 t''CENTER @WU WWWNCDO7ORG RALEIGH NC
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 2, 2009
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: Response to the request for modification of 401 Water Quality Cenification No. 3527 for
improvements to US 17 in Beaufort County, Federal Aid Project No. MAF-75-3 (26),
TIP R-2510B. DWQ Project No. 20050785 v.l I, v.12
Dear Dr. Thorpe:
The Modification of 401 Watcr Quality Certification No. 3527 issued on February 20, 2009 states that an
approved study plan. must be submitted to and approved by NCDWQ before any in water pile driving work
can continue during the in-water work moratorium period. NCDOT submitted a study plan for review and
approval on February 26, 2009. This study plan does not adequately address the concerns of the resource
agencies, therefore NCD WQ does not approve the plan as proposed. The plan was found to be insufficient
in one or more of the following areas:
• The plan does not address the critical issues of fish behavior and avoidance from the pile driving
activity.
• The proposed monitoring is not sufficient to determine if pile driving activity alters migration or
spawning of adult fish, or successful development or mortality of larval fish.
As a result no waiver of the moratorium is granted at this time. Per Condition 3 of the aforementioned
Water Quality Certification, NCDOT has until March 6, 2009 to submit another study plan for review and
approval. It is recommended that NCDOT coordinate further with the applicable resource agencies to
develop a fish behavior impact component for the proposed study plan.
If we can be of further assistance, do not hesitate to contact us.
Sincere
t.
le I___,_
?. en H. s
,5 Director
Attachments
cc: Mr. William Wescom Corps of Engineers. Washington Field Office
Mr. Jay Johnson, Division 2 Environmental Officer. PO Box 1587. Greenville, SIC 27835
Mr. Steven Sollod. NCDV.NR- DCM, 2728.168 Capital Blvd., Parker Lincoln Bldg., Raleigh, NC: 27604
Mr. Stephen Lane. DCM, Morehead City
Mr. Roger Rochelle,.NC DOT, Transportation Program Management, 1595 Mail. Service Center
Raleigh, NC 27649
Mr. Travis Wilson. NCWRC, 1142 1-85 Scrvicc Rd. Creedmoor. NC 27522
Mr. Louis Daniel, NCDMV,'P.O. Box 679, Morehead City, NC 28557
Ms. Sonia Gregory, NCDWQ, 401/Wetlands Unit
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