20130037 Ver 1_Question about Modifying a 401 WQC_20140327

Strickland, Bev
From: Sandy Smith <ssmith@axiomemvironmenta|.org>
Sent: Thursday, March Z7'ZUl43:33PK4
To: VVanucha'Dave
Cc: Scott Davis; Chapman, Amy
Subject: RE: Question about Modifying a 401 WQC
Good Afternoon Dave,
Welcome tothe Bowers to Lake (B2Urail permitting party.
This NCDOTRail Division project isinDavidson County, isTIP C-K9O1AC\isNCDVVQProject No. 2O130037,and was
authorized onMay 22,2O1l The 4O1VV[\Cfor this project accompanies aU.S. Army Corps ofEngineers (UQ\CB
Individual Permit. Amy Euliss was our NCDWQ representative during the permit application process. | recently talked
with Sue Homewood, who told me that you will be our new NCDVVR contact. | contacted Amy Chapman atSue's
suggestion after I told Sue we would be looking for a permit modification and why. | wanted tofind out that this will be
considered areasonable request. Following our communication with Amy today, wewill begin working onaletter
requesting a permit modification, which will likely be sent your way in the next week orso.
We look forward to working with you,
Alexander P.(Sandv)Smith
Axiom Environmental, Inc.
218 Snow Avenue
Raleigh, NC276O3
Office/cell: 919-270-9306
From: Chapman, Amy [[e-mail]]
Sent: Thursday, March 27, 201412:48PM
To: Sandy Smith
Cm: Scott Davis; VVanucha, Dave
Subject: RE: Question about Modifying a4B1VVOC
No problem.
Yes, a letter to Dave VVanucha asking for the modification would be the best. Please include in that letter few lines
about how braking will or will not occur on the bridge(s) since Hamby Creek is impaired for copper. Also some
discussion on how the pollutants from railroads are different from bridges used by automobiles and a statement that
the stormwater from the bridge will not cause aturbidity violation tothe surface water directly beneath.
That may behave abit oframbling, sofeel free tocall ifyou have questions.
I'm around after 1pmtoday.
Thanks.
'Amy
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From: Sandy Smith [ma iIto: ssmithOaxionlemvinonnlenta|.ong]
Sent: Thursday, March 27,2O1411:O7AM
To: Chapman, Amy
Cm: Scott Davis
Subject: RE: Question about Modifying a 401 WQC
Thank you for your response and the extra information you provided. Our project includes proposed new bridges over
two streams: Abbotts Creek and Hamby Creek; neither of which is buffered, impaired due to turbidity, or is classified as
ORVVorHQVV.
AbbottsCreek (12'119'6a)
This reach was on the Final 2010 303(d) list for turbidity, copper, and biological integrity when we wrote the NRTR. The
Final 2012 303(d) list breaks Abbotts Creek into two reaches (a and b), and the proposed bridge will span a reach (a) that
isnolonger onthe 3O3(d)list. The Draft 2O143O3(d)list also does not include this reach ofAbbottsCreek. The reach of
Abbotts Creek that is on the 303(d) list begins approximately 5.5 miles downstream of the proposed bridge crossing.
Hamby Creek (12'119'7-4b)
This reach was on the Final 2010 303(d) list for copper and biological integrity/benthos when we wrote the NRTR. This
reach is on both the Final 2012 303(d) list and the Draft 2014 303(d) list for copper only.
Basedontheinformationaboveandyourstatement^Condition#14ismorefordiffuseflowinabufferedbasin,an
impaired stream for turbidity or if the waters under the bridge are ORW or HQW," it seems we may have reason for
NCDVVRtoagree toan exception to this condition for this project. | see this condition is also in Water Quality
Certification No. 3886 as Conditions of Certification #9. Here, the description of the condition includes the sentence,
"Exceptions tothis condition require written approval by the Division." | believe we will want to request an exception to
this condition for this project and one other for which a 401 WQC has been authorized. |fyou agree, can you offer
advice on our best course of action? Could it be as simple as submitting a letter request to our local NCDVVR
representative that references the project 4O1VV[\C?
As always, thank you for your assistance.
Alexander P.(Sandv)Smith
Axiom Environmental, Inc.
218 Snow Avenue
Raleigh, NC276O3
Office/cell: 919-270-9306
From: Chapman, Amy [nlaiKomnlychapnlanOncdenr.gov]
Sent: Thursday, March 27 20149:35AM
To: Sandy Smith
Subject: RE: Question about Modifying a4B1VVOC
Hey Sandy. Sorry I was in a workshop yesterday.
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Condition #14 is more for diffuse flow in a buffered basin, an impaired stream for turbidity or if the waters under the
bridge are ORW or HQW.
Do any of these apply to the waters in question?
I'm in a meeting right now, but I can call you later today.
Thanks.
-Amy
From: Sandy Smith[mailto:[e-mail]]
Sent: Wednesday, March 26, 2014 5:18 PM
To: Chapman, Amy
Cc: Scott Davis
Subject: Question about Modifying a 401 WQC
Good Afternoon Amy,
I have a non -NC SAM question. I have been missing you on the phone the last day or so and thought I would send an e-
mail rather than try to leave a voice mail.
Axiom Environmental has been assisting the NCDOT Rail Division with environmental permitting on multiple projects
over the past couple of years, and is contracted to assist with more Rail Division permitting in the future. We have
recently been requested to assist the Rail Division with getting a modification approved for a 401 Water Quality
Certification, and I would like to talk to you about it if possible. I will describe it briefly below and look forward to talking
with you.
The project is called "Bowers to Lake," is in Davidson County, TIP C-4901AD, is NCDWQ Project No. 20130037, and was
authorized on May 22, 2013. The 401 WQC accompanies a U.S. Army Corps of Engineers (USACE) Individual
Permit. Amy Euliss was our NCDWQ representative during the permit application process. I have recently talked with
Sue Homewood, who told me that our new NCDWR contact will be Dave Wanucha. I told Sue that we have been asked
to request this permit modification, and after hearing about it, she suggested I talk with you.
The part of the 401 we have been asked to change is Condition #14: "Bridge deck drains shall not discharge directly into
the stream." The Rail Division would like to be released from this condition. I am wondering if this condition is based on
studies of automobile bridge deck runoff, and would like to consider discussing how runoff from railroad bridge decks
may be less threatening to receiving streams. I have been studying two documents in an effort to educate myself about
this issue: Characterization of Stormwater Runoff from Bridges in North Carolina and the Effects of Bridge Deck Runoff
on Receiving Streams (USGS Scientific Investigations Report 2011-5180) and Stormwater Runoff from Bridges— Final
Report to Joint Legislation Transportation Oversight Committee (URS Corporation and NCDOT May 2012).
If you get a chance to talk with me tomorrow — even briefly, I would appreciate it. I will be gone for a week after
tomorrow, and would like to talk with you before moving forward on this request.
Thanks for your time,
Sandy
Alexander P. (Sandy) Smith
Axiom Environmental, Inc.
218 Snow Avenue
Raleigh, NC 27603
Office/cell: 919-270-9306
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