20071470 Ver 1_More Info Letter_20071022

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
October 22, 2007
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Steven D. DeWitt, P.E., Chief Engineer
North Carolina Turnpike Authority
1578 Mail Service Center
Raleigh, NC 27699-1578
Subject: Proposed construction of Western Wake Freeway (NC 540) in Wake County, Federal Aid Project No.
BRSTP-OOOS(491), State Project No.6.408006T, TIP# R-2635, DWQ #20071470.
Dear Mr. DeWitt:
The Division of Water Quality has reviewed your submittal for a 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:
As discussed in our October 18, 2007 meeting with NCTA staff, wetland and stream determinations using the
US Corps of Engineers new jurisdictional forms are in the process of being implemented and have not yet been
approved by the Corps. DWQ cannot issue a certification at this time until all wetland and stream sites on the
subject property have been verified by the Corps and determination of 404 applicability has been finalized.
Also, NCTA should be aware that any features found not applicable to 404 regulations using the new form may
still be regulated as "Waters of the State" by DWQ and protected as such. Subsequent issuance of a
corresponding state permit may be necessary.
DWQ staff currently have concerns regarding the choice of the reference reach for the on-site stream restoration
at Site 3, Section C. In the mitigation plan, the existing stream at site 3 is described as an "E4" type stream,
while the reference reach used is a "C5". Also, the existing stream is located in the Triassic Basin, whereas the
reference reach is not. DWQ feels that these differences are significant and would like to see a reference reach
used that is more morphologically similar and located within the same ecoregion as the proposed restoration site
if at all possible. If NCTA does not believe a more suitable reference reach is available, DWQ recommends an
on-site meeting to discuss the suitability of the current reference reach. Please contact Rob Ridings at (919)
733-9817 to schedule this.
Currently, the NC Turnpike Authority does not have a NPDES stormwater permit from DWQ. Given the post-
construction operation and maintenance of stormwater BMPs requires approval by DWQ, absence of an
approved NPDES permit requires aproject specific operation and maintenance agreement be submitted as part
of your application. (Sample agreements can be found online at http://h2o.enr.state.lic.us/sii/b= fonns.htm.)
NCTA has indicated they may start construction of this project under the jurisdiction of NCDOT's NPDES
permit. If so, please provide written verification that DWQ has approved this arrangement.
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 21 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 21 days, this office has not
received correspondence 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.
None Carolina
Transportation Permitting Unit AgWallY
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
If you have any questions or require additional information, please contact Rob Ridings at [phone].
inc rely,
Coleen Sullins,
Director
cc: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Jennifer Harris, NC Turnpike Authority
Greg Price, NCDOT PDEA
Chris Murray, Division 5 Environmental Officer
Chris Militscher, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Gary Jordan, US Fish and Wildlife Service
Clarence Coleman, FHWA
File Copy
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748