20090713 Ver 2_More Info Letter_20100115

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 15, 2010
David Jennings
PO Box 176
Banner Elk, NC 28604
Subject: Request for More Information
401 Water Quality Certification
Berry Road
DWQ Project #09-0713v2
Avery County
Response deadline: February 22, 2010
Dear Mr. Jennings:
The Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
Project Purpose: The stated purpose for the project is to relocate a stream to its original channel
and to alleviate erosion of road bank. Please respond stating the overall purpose of the project.
a. Please send photos of the eroding road banks you would like to alleviate from erosion.
However keep in mind, the owner of the road is responsible for dealing with eroding banks
to avoid losing their road. The eroding banks may need to be addressed by the Department
of Transportation if the structural integrity of the road is being compromised.
b. Regardless, if you wish to relocate the stream to its original channel to alleviate the erosion,
a culvert is not needed. Stream restoration or bank stabilization is not achieved by piping
the stream. Recreating the stream back to its original channel with natural methods is the
recommended means to address this purpose. Application under a more appropriate
Nationwide Permit would be needed along with proper submittal of natural stream channel
design plans.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturallrf
David Jennings-Berry Road
January 15, 2010
Page 2 of 3
2. Stream classification: The Unnamed Tributary to Watauga River carries the classifications
Trout (Tr), and High Quality Water (HQW).
a. A stream classified Trout has a 25-foot buffer zone requirement. Approximately 200 feet of
culvert has already been installed in the proposed relocation area and the land has been
disturbed in the vicinity of the current stream location. The protected 25-foot buffer has
been disturbed. You are requesting to permanently impact more than the Sedimentation
Control Commission Rule 15A NCAC 0413.0125 BUFFER ZONE REQUIREMENTS
allows. You will need to contact the Division of Land Resources, Gray Hauser at 919-733-
4574 to determine how your project can achieve compliance with the buffer zone
requirement. Please respond to the Division of Water Quality regarding compliance with
the Trout Buffer requirements.
b. A stream classified High Quality Water requires a Stormwater Management Permit. The
culvert you installed has a riser pipe attached indicating a potential stormwater conveyance
system. What are the land use plans for the 1.42 acres of land? Please refer to North
Carolina Administrative Code 15A NCAC 02H.1006 Stormwater Requirements: High
Quality Waters. Development on this land will require a Stormwater Management Plan
approved by the Division of Water Quality.
3. Avoidance and Minimization: It is unclear how the installation of native stone and planting of
ground cover as stated in your application (D. Impact Justification and Mitigation 1. Avoidance
and Minimization La) will avoid or minimize the impacts proposed. Please clarify to the
Division of Water Quality the avoidance and minimization of the impacts.
Please provide your response in writing to the addresses below prior to February 22, 2010. Four copies of the
required information should be provided to the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a single copy to the Asheville Regional Office at:
Linda Wiggs
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
-David Jennings-Bevy Road
January 15, 2010
Page 3 of 3
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Linda Wiggs 828-296-4500, if you have any questions.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Tasha McCormick - US Army Corps of Engineers Asheville Field Office
Ron Linville - North Carolina Wildlife Resources Commission
Avery County Planning
Gray Hauser-DLR-Raleigh
Cyndi Karoly - 401 Permitting Unit
ARO File copy
John Coxey-53 Fox Chase, Asheville NC 28804
S:\S WP\Avery\401 s\Non-DOT\BerryRd-Jennings\Addlnfo401 BerryRdJenningsOl -l0.doc