20071470 Ver 1_More Info Received_20071130

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STATE OF NORTH CAROLINA
TURNPIKE AUTHORITY
MICHAEL F. EASLEY 1578 MAIL SERVICE CENTER, RALEIGH, N.C. 27699-1578
GOVERNOR
November 30, 2007
Coleen Sullins
Director, North Carolina Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
DAVID W. JOYNER
EXECUTIVE DIRECTOR
RE: NC Turnpike Authority: Western Wake Freeway in Wake County
Federal Aid Project No. BRSTP-oOOS(491)
State Project No. 6.4o8oo6T
STIP Project R-2635
DWQ #20071470
Dear Ms. Sullins:
I am in receipt of your October 22, 2007 letter regarding the North Carolina Turnpike
Authority's (NCTA) request for a 401 Water Quality Certification (WQC) for the
Western Wake Freeway project. I would like to take this opportunity to provide a
response to each of your review comments.
The first comment relates to the need for the US Army Corps of Engineers (Corps) to
make final wetland and stream jurisdictional determinations using their new forms
[known as the Rapanos forms], and that the NC Department of Environment and
Natural Resources, Division of Water Quality (DWQ) could not issue a certification
until all wetlands and streams have been verified by the Corps and that Section 404
[of the Clean Water Act] applicability has been finalized. You go on to say that any
features not found to be applicable to 404 regulations using the new forms may still
be regulated as "Waters of the State" by DWQ and protected as such. Please note that
all Rapanos forms for the project have been completed and submitted to both the
Corps and DWQ for review. Upon completion of your review, we trust that you will
forward to us any issues that need to be addressed so that remaining concerns can be
expeditiously addressed.
The second comment relates to the appropriateness of the reference reach for the on-
site stream restoration at Site 3, Section C. Following an on-site meeting with staff of
the Corps, DWQ, NCTA, NCDOT, Sungate Design Group and EcoScience Corporation
on October 29, 2007, it was agreed that the reference reach would be acceptable and
that a planting plan would be prepared for DWQ review. Please note that a
streambank reforestation planting plan has been prepared (attached) and was
accepted by DWQ as adequate on November 2, 2007 (see attached email
NORTH CAROLINA TURNPIKE AUTHORITY
TELEPHONE: [phone] FAX: [phone]
correspondence between DWQ and NCTA staff). Consequently, NCTA understands
that this concern has now been satisfied.
The final comment relates to the fact that NCTA does not currently have a National
Pollutant Discharge Elimination System (NPDES) stormwater permit from DWQ.
Please note that NCTA has prepared a NPDES Application and anticipates final
NPDES permit approval in early 2oo8. In accordance with November 5, 2007 email
correspondence between DWQ and NCTA staff (attached), it was agreed that the
Western Wake Freeway would not open to the public until NCTA has secured a
NPDES permit, and that this would be made a condition of the WQC.
In closing, DWQ's concerns regarding the stream reach and NPDES permit have been
satisfactory addressed. The only remaining issue is resolution of the wetland and
stream jurisdictional issues. As previously stated, the completed Rapanos forms have
been submitted to the Corps and DWQ and we eagerly await the outcome of your
review.
We look forward to continuing to work with you to resolve all remaining issues so the
401 WQC can be removed from its current "hold" status and be issued. If you have
any questions, or need additional information, please do not hesitate to contact
Jennifer Harris at (gig) 571-3004 or via email at jennifer.harrisC(bnctunrpike.gM.
Sincerely,
Steven D. DeWitt, P.E.
Chief Engineer
Attachments: Streambank Reforestation Planting Details for R-2635C
Nov. 2, 2007 email correspondence between DWQ and NCDOT staff
Nov. 5, 2007 email correspondence between DWQ and NCTA staff
cc: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Clarence Coleman, P.E., Federal Highway Administration
George Hoops, P.E., Federal Highway Administration
Chris Militscher, US Environmental Protection Agency
Gary Jordan, US Fish and Wildlife Service
John Hennessy, NCDENR-Division of Water Quality
Brian Wrenn, NCDENR-Division of Water Quality
Rob Ridings, NCDENR-Division of Water Quality
Travis Wilson, NC Wildlife Resources Commission
Jennifer Harris, P.E., NC Turnpike Authority
Greg Price, NCDOT PDEA
Chris Murray, NCDOT Division 5 Environmental Officer
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