20091325 Ver 1_Certified Return Receipt_20100225

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FCD?ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Cole en H. Sullins
Governor Director
February 25, 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
Subject: Replacement of Bridge No. 59 over Jack Creek on NC 99 in Beaufort County, Federal Aid
Project No. BRSTP-99(4), TIP B-4417.
Dear Dr. Thorpe:
Dee Freeman
Secretary
The NC Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification and
Tar-Pamlico 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 zones determined incorrectly. Jack Creek is bordered by coastal marsh on the
northwest, northeast and southwest areas of the bridge crossing. According to the Tar-
Pamlico Buffer Rules (15A NCAC 2B .0259(4)(a)(iii)), Zone 1 shall begin at the most
landward limit of coastal wetlands as defined by the Division of Coastal Management. Please
redefine the buffer lines in accordance with this rule and recalculate the buffer impacts
appropriately.
Buffer mitigation. Buffer mitigation acceptance letters from EEP were included in the
application. Buffer mitigation is not required for this project. Please clarify.
Bridge Stormwater. When the correct buffer lines are determined, it is possible that the
bridge stormwater discharge point on the north side will be in Zone I of the buffer. This is
not an activity that is allowed under the buffer rules. The discharge point can, however, be
permitted in Zone 2 under a minor variance.
Therefore, pursuant to 15A NCAC 2tI .O5O7(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.
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://h2o.enr.sLate.nc.uslncwetiands/
NorthCarolina
Naturally
An Equal Opportunity \ Affirmative Acton Employer
If you have any questions or require additional information, please contact Garcy Ward at (252) 948-
3922.
Sincerely,
Aoleen rev, H. Sullins
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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