20090902 Ver 1_More Info Letter_20090901

Beverly Eaves Perdue
Governor
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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
:. : Dee Freeman
Secretary
September 1, 2009

CERTIFIED MAIL 7008 1140 0002 2717 0017
RETURN RECEIPT REQUESTED
Mr. Barry Moose, P.E.
NCDOT Division 10
716 West Main Street .
Albemarle, INC 28001
SUBJECT: Proposed Culvert Extension on W.T. Harris Boulevard over Dixon Branch, STIP No. SP-
2006-06, WBS Element No. 34410.3.28, DWQ No. 09-0902, Mecklenburg County
Dear Mr. Moose:
The Division of Water Quality (DWQ) has reviewed your submittal for a 401 Water Quality Certification for the
above referenced project. Review of your application revealed it is lacking the necessary information required
for making an informed permit decision. -The permit application was deficient in the following' area:.
• This installation of this culvert was previously permitted under Individual Water Quality Certification No.
3328, (DWQ No. 2001-1231) issued to.the North Carolina Department of Transportation (NCDOT) on
September 6, 2001, and which has subsequently expired. Original impacts to this stream, associated
with the recently expired Individual Water Quality Certification, were 509 linear feet. Mitigation was
provided for these impacts through the Ecosystem Enhancement Program (EEP). The Pre-
Construction Notification (PCN), received by DWQ on August 18, 2009, requests authorization for
approximately 23 linear feet of stream impacts to Dixon Branch in order to provide an additional traffic
lane due to increased traffic volume in the area. NCDWQ requires mitigation for impacts to streams
which exceed 150 linear feet. These new impacts, in conjunction with the impacts authorized in the IP,
result in a cumulative total of 532 linear feet of stream impact. Therefore, DWQ is requiring that
mitigation be provided for the additional 23 linear feet of stream impact. We understand that you have
chosen to perform compensatory mitigation for these impacts through the EEP. Please provide a letter
from EEP stating their ability to provide the required amount of mitigation.
The proposed culvert extension is located on the inlet end of the existing triple box culvert. A site visit
indicated that there is a stormwater ditch located within the vicinity of the proposed culvert extension
and close to the limits of NCDOT's Right of Way (ROW). Please advise if the stormwater ditch will be
impacted (i.e., relocated) by the culvert extension and associated fill slope.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877623-6748
Internet: v env.ncvvatetqualiry.org
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NorthCarolina
AVrrturally
Mr. Barry Moose, P.E.
Page Two .
• Riprap from the existing stormwater ditch is located within the stream channel, subsequently reducing
the normal stream dimension. The riprap must be removed from the stream channel. In addition, if the
existing stormwater ditch will be impacted by the proposed culvert extension and fill slope, the riprap
located at the ditch outfall must be installed in such a manner that it will not reduce the normal stream
dimension.
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 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 Polly Lespinasse at [phone].
l of
Sincerely,
for Coleen H. Sullins
Director
cc: Steve Lund, US Army Corps of Engineers, Asheville Field Office
Larry Thompson, Division 10 Environmental Officer
Sonia Gregory, DWQ Central Regional Office
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