20091219 Ver 1_Certified Return Receipt_20100107

WNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins
Governor Director
January 7, 2010
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dee Freeman
Secretary
Subject: Replacement of Bridge No. 13 over Indian Well Swamp on SR 1753 in Pitt County, Federal Aid
Project No. BRZ-1753(1), State Project No. 8.222240 1, TIP B-4604.
Dear Dr. Thorpe:
The NC Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification and
Neuse Buffer Authorization 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:
• Buffer impacts calculated incorrectly. It was stated in the Stormwater Management Plan,
for the area south of the bridge that includes the service road that "Since water runs away
from the stream, this area should not be counted as buffer even though it is within fifty feet of
the top of bank." This is incorrect. All impacts within the fifty foot buffer should be
counted unless the facility or structure is pre-existing. Please modify your buffer impact
calculations and plan sheets to include impacts within this area.
"• Buffer mitigation. It was unclear from the application why buffer mitigation is needed for
this project. Pease explain why buffer mitigation is being requested.
• Ditches through buffers. Your plans call for creating new drainage ditches through the
buffer on the south side of the bridge between the -L- and -DRI- and the -L- and -DR2-.
Please explain more clearly why stormwater can't sheetflow through this area and why the
drainage ditches are needed.
According to the Neuse Buffer Rules (15A NCAC 213 .0233 (6)), new ditches are allowable
in the buffer only if a facility is installed ko control nitrogen and attenuate flow before the
conveyance discharges through the buffer. Grass swales can be used to accomplish this for
linear transportation projects at the ratio of 100' of grass swale per acre of drainage. The
narrative in your application states that grass swales will be used in this area but this is not
clearly shown on the plan sheets. If it is determined that ditches are needed here, please
provide data showing that the above mentioned ratio is being met.
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:ffh2o.encstate.nc.uslncwetlandsl
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An Equal Opportunity 1 Affirmative Action Em*yer
Therefore, pursuant to 15A NCAC 21-1.0507(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 Garcy Ward at (252) 948-
3922.
Sincerely,
oleen . Director
cc: Tom Steffens, US Army Corps of Engineers, Washington Field Office
Jay Johnson, Division 2 Environmental Officer
Garcy Ward, DWQ Washington Regional Office
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