20091321 Ver 1_Certified Return Receipt_20101229

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins
Governor Director
January 29, 2010
CERTIFIED MAIL RETURN RECEIPT REQUESTED
7009 0820 0000 2474 3514
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Subject: Proposed Replacement of Bridge 46 over the Cape Fear River on US 401/NC210
Federal Aid Project BRSTP-401(146), TIP B-4138
Dear Dr. Thorpe:
Dee Freeman
Secretary
The NC Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification for the
aforementioned project. A site visit has been made with staff from PDEA, USAGE, and DWQ. Several issues were
identified that need resolution in order for us to make an informed permit decision. These issues are:
• A question was raised during the site meeting about the accuracy of the jurisdictional determination. Specifically, the
USACE identified an area that may be considered a stream or tributary that enters the existing stream around station
37+00. Has this issue been resolved and a new delineation approved? We need an accurate assessment of
jurisdictional impacts in the PCN in order to proceed.
• Your supporting information includes a letter from the US Fish and Wildlife Service that mentions several
commitments that must be met for their concurrence, including "Bridge No. 46 will be replaced in place." The current
proposal is to relocate the bridge. Please provide a revised letter of concurrence from USFWS that recognizes this
change.
• During the course of the site meeting, it was determined that some of the impacts at Site 1 would not be required.
Please revise the impacts on the PCN and permit drawings to reflect any modifications.
• The reference reach used to design the new channel is identified as Muddy Creek. We would be interested in knowing
the location of this creek and possibly looking at the reach used in the design.
225 Green St, Ste. 714
Fayetteville, North Carolina 28301
Phone: [phone] FAX : [phone] Customer Service: 1-877-623-6748
Internet wvw.h20.encstate.nc.us
An Equal Oppontunily VAYrmatve Action Employer
NorthCarolina
Naturally
Dr. Greg Thorpe, PhD.
January 29, 2010
Page 2
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 Ken Averitte at [phone].
Sincerely,
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Coleen H. Sullins
Director
Cc: Kim Garvey, USACE
Brian Wrenn
Jim Rerko, Div. 6 DEO
FRO
I I arnea.US401 Bridge. Hold. Itr