20071470_Other Agency Comments_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
Hof 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 20o8. 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 [phone] or via email at iennifer.harris?4i ncturnpike.M.
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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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
October 30, 2007
Mr. Rob Ridings
NC Division of Water Quality
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
SUBJECT: Planting Details for Onsite Stream Design Mitigation for R-2635C.
Dear Mr. Ridings:
LYNDO TIPPETT
SECRETARY
Enclosed is a copy of the Planting Details for the onsite stream design location for Western Wake
Expressway (R-2635C Section) that you requested during the field site meeting held on October
29, 2007 and from your email sent on October 30, 2007. These plans follow NCDOT standards
for streambank reforestation.
Please refer to Site 3 on Permit Drawing Sheet Numbers 19 and 20 for Section R-2635C and the
Mitigation Plan for more details regarding the onsite stream design. If you have any questions
concerning these details or this project please call me at [phone].
Sincerely,
Gregory W. Price, PWS
Environmental Supervisor, Natural Environment Unit
Cc: Mr. Eric Alsmeyer, USACE
vq%s. Jennifer Harris, NCTA
Mr. Mark Staley, NCDOT Roadside Environmental Unit
R-2635 file
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION TELEPHONE: [phone]
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS FAX: [phone]
1598 MAIL SERVICE CENTER
RALEIGH NC 27899-1598 WEBSITE. WWW.NCDOT.ORG
LOCATION:
2728 CAPITAL BLVD., SurrE 240
RALEIGH NC 27604
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Re: Followup: Western Wake Page 1 of 1
Tracy Roberts
From: Rob Ridings [[e-mail]]
Sent: Friday, November 02, 2007 10:46 AM
To: Gregory W. Price
Subject: Re: Followup: Western Wake
Greg,
We got the planting plan. Eric and I looked it over and agree it looks
good. Eric commented that the choice of species was very appropriate
and feels they should do a good job getting established quickly in order
to hold the triassic soils in place.
We can consider this action item from the "on Hold" letter taken care
of. One down, two to go.
Thanks and have a good weekend!
rob
Gregory W. Price wrote:
> Thank you, Rob.
> Greg
> Rob Ridings wrote:
>> Greg,
>> Just to follow up from our field visits yesterday.
>> I think for the most part we've gotten most of what we needed to see to
>> get a grasp of the onsite mitigation for this project. As discussed,
>> the only thing left right now is to see the planting plan for the site
>> so that we can be sure that it fills the needs of this Triassic site and
>> is able to keep it stable and vegetated. Once we see this plan, and if
>> it looks OK, then I think the mitigation question will be pretty much
>> cleared up for us.
>> Thanks again for meeting with us and for your time.
>> -Rob Ridings
>> DWQ TPU
> Greg Price
> Environmental Supervisor
> Project Management Group - Central Region
> PDEA Natural Environment Unit
> N.C. Department of Transportation
> [phone]
11/30/2007
Tracy Roberts
From: Jennifer Harris [e-mail]]
Sent: Monday, November 05, 2007 4:25 PM
To: 'Tracy Roberts'
Subject: FW: O&M requirements
-----Original Message-----
From: Rob Ridings [mailto:[e-mail]]
Sent: Monday, November 05, 2007 3:35 PM
To: Shannon Sweitzer
Cc: [e-mail]; [e-mail]; [e-mail]; [e-mail]
Subject: Re: O&M requirements
Shannon (et al):
The document you sent looks good and we'll include it in our permit file.
Here's how John and I have figured is the best way to approach this.
When we write the 401 (once the remaining issue regarding the wetland/rapanos jurisdictions are taken care of), we'll
include a condition that states that the road cannot open to the public until NCTA's NPDES permit is issued. That way,
this is no longer an obstacle to get your permit nor to start work. And of course, you're very likely to get it long before that
anyways.
How does that sound?
-Rob
Shannon Sweitzer wrote:
> John and Rob,
> If you are not aware, NCTA is submitting the NPDES Application and
> revisions to the draft NPDES permit to Mike Randall on Monday,
> November 5, 2007. We anticipate obtaining our permit around the first
> of 2008. In that regard, we would hope to adopt NCDOT's BMP inspection
> and maintenance procedures for the Triangle Expressway as detailed in
> our permit application. I'm not sure how this affects the wording with
> the 401 permit considering we currently do not have the NPDES permit
> in hand. I offer the following attachment which details NCTA's plan to
> address inspection and maintenance on the Triangle Expressway and
> would further request that such be included, if possible, in the 401
> permit. This would keep NCTA's programs and processes consistent with
> the NPDES permit application. Please advise if this information is
> acceptable or if you believe other requirements are necessary to meet
> your inspection and maintenance requirements.
> Thanks for all your assistance and please let me know if I can provide
> any additional information or assistance regarding this matter.
> **Shannon Sweitzer, PE**
> **Director of Construction**
> **North Carolina**** Turnpike Authority-
> **54oo Glenwood Avenue, Suite 400**
> **Raleigh****, North Carolina 27612**
> **[phone] Office**
> **[phone] Fax**
> **[phone] Mobile**
This is the document referenced in Rob Ridings November 5, 2007 email to Shannon Sweitzer (et al).
Strategy: In order to streamline planning and implementation between NCTA and
contractors, applicable programs of the NPDES program shall be applied as soon as they
are pertinent to the Triangle Expressway Project. The current NCDOT I&M Manual will
serve as NCTA's source for guidance and requirements.
Plan:
NCTA will implement the following practices which are anticipated as part of the future
NPDES permit. Information initiated for the current project will be incorporated into the
expanded versions of these programs and tools expected to be developed under the
NPDES permit.
a. BMP Toolbox - NCTA will utilize NCDOT's Toolbox as well as the best
professional judgment of the design engineer to design necessary BMPs.
i. BMP selection will consider watershed classification and its impact on
identifying the pollutant of concern, and site-specific needs such as soil type,
Average Daily Traffic (ADT), slope, available area, effect on control
structures and options, drainage area, quantity and size of BMP design, etc.
b. BMP Inspection and Maintenance Database - A Microsoft Excel or Access
database of post construction BMPs and their associated outfalls will be compiled
and maintained.
The information associated with each BMP will include:
i. BMP type and description,
ii. Latitude/Longitude coordinates and any other pertinent location information,
iii. Photographs to assist in the identification, inspection, and maintenance of
each BMP,
iv. Construction date and details, and
v. Assigned inspection frequency based upon NCDOT's I&M Manual.
c. Inspection and Maintenance Program - BMP inspection and maintenance will be
included as a requirement in the maintenance contract maintained between NCTA
and a hired contractor. The hired contractor will be required to follow the
inspection and maintenance procedures and schedules as listed in the NCDOT
I&M Manual. All inspection and maintenance activities will be documented,
submitted to NCTA, maintained in NCTA records, and will be available upon
request.
BMP I&M requirements will include:
i. Inspection to be performed within the time frame required by I&M Manual,
ii. Checklists from NCDOT I&M Manual (or latest update) be used and
submitted to NCTA to assess level of service (LOS),
iii. Photos of inspection findings, and
iv. Maintenance action(s) as authorized.
This is the document referenced in Rob Ridings November 5, 2007 email to Shannon Sweitzer (et a]).
All inspection reports will be reviewed by NCTA staff for appropriate detail and
to authorize any maintenance that may be necessary. Once authorization has been
given, BMP maintenance will be contracted. Upon completion, maintenance
activity will be evaluated and verified by NCTA.
Once NCTA is issued a NPDES permit, the efforts previously discussed specific to the
Triangle Expressway will be incorporated into the NPDES program. The NPDES
programs will supersede the activities specific to this project and enforcement, if any,
will be made under the NPDES permit. Every effort will be made to plan and implement
all Triangle Expressway activities so that they will be compliant with NPDES
requirements.
?OF W AF?Q
?O Y
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sulilns, Director
Division of Water Quality
October 22, 2007
CERTIFIED MAIL - RETURN RECEIPT REQUESTED D U U
Steven D. DeWitt, P.E., Chief Engineer
North Carolina Turnpike Authority OCT 2 6 2001
1578 Mail Service Center
Raleigh, NC 27699-1578
N.C. TURNPIKE AUTHORITY
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 a project specific operation and maintenance agreement be submitted as part
of your application. (Sample agreements can be found online at httv://h2o.enr.state.nc.us/su/bmp forms.
htm)
NCTA has indicated they may start construction of this project under the jurisdiction.ofNCDOT's NPDES
permit. If so, please provide writ ten 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.
NplthCaro Ana
Transportation Permitting Unit l1t1lCl7 1?
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet htto://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