20070965 Ver 1_Certification of Completion_20070626

~ ~;q~~ Michael F. Easley, Governor
-- ~~C~ ~QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Cq ~ ~ Coleen H. Sullins Director
>_ .,~ Division of Water Quality
O ' .,~.
June 26, 2007
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: Proposed Rest Station on Hwy 421 in Wilkes County, Federal Aid Project No. NHS-
421(32), State Project No. 36401.1.1, TIP No. K-4703, DWQ Project #07-0965
Dear Dr. Thorpe:
The Division of Water Quality has reviewed your submittal fora 401 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:
Pursuant to Condition Number 4 of General Certification #3632, compensatory stream
mitigation should be calculated as cumulative totals for all stream impacts within the project.
Only linear, publicly funded transportation projects are provided a 150 feet per stream impact
allowance. A rest station is not considered a linear project, therefore all perennial stream
impacts must be totaled to determine cumulative impacts for mitigation purposes.
It is necessary for the Division of Water Quality (Division) to conduct a site visit to
determine stream classifications (intermittent, perennial) for the streams to be impacted by
this project. A site visit has been tentatively scheduled for either July Stt, or July 6th . Upon
completion of the site visit NCDOT shall submit a modified permit application to identify
cumulative perennial stream impacts for mitigation purposes.
• In accordance with General Water Quality Certification #3632 this project requires written
concurrence from DWQ. NCDOT should not consider this project approved until written
concurrence is provided. Please provide a revised mitigation plan. In addition, please
provide a more detailed analysis of avoidance and minimization. This analysis should
include rest area location and potential re-design that would avoid or minimize some of the
proposed impacts. Energy dissipaters and onsite stream mitigation should not be considered
as avoidance and minimization.
N~`" Carolina
Transportation Permitting Unit ~tllCU~~lf
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]Intemet: http:!/h2o.enr.state.nc.us/ncwetlands
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Therefore, pursuant to 15A NCAC 2H .0507(a)(5), we will have to place the permit application
on hold until we are supplied the necessary information. You have 30 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 30 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 application on hold.
If you have any questions or require additional information, please contact Sue Homewood at
336-771-4964.
Sincerely,
C`
Coleen H. Sullin
Director
cc: Monte Matthews, US Army Corps of Engineers, Raleigh Field Office
Heath Slaughter, Division 11 Environmental Officer
Marla Chambers, NC Wildlife Resources Commission
Marella Buncick, US Fish and Wildlife Service
DWQ. Winston-Salem Regional Office
DWQ Transportation Permitting Unit
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748