19970616 Ver 1_General Correspondence_20000915

17
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
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1
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
15 September, 2000
Mr. Joe Mickey
283 Timberbrook Trail
State Road, North Carolina 28676
Regarding: US 421 Relocation
Watauga County
DWQ#970616
Dear Joe:
Thanks for sending us copies of the Conceptual Restoration Plans for the Carp and Racey
sites. These designs are partial requirements for the proposed US 421 relocation from the
South Fork of the New River to east of the Blue Ridge Parkway in Watauga County. A
401 Certification was issued for this project in April 1998 (copy attached). It appears that
there are several issues that are specifically noted in the 401 Certification for this project
that have not been addressed. These issues are listed below. If you find that DWQ has
been delinquent in our record keeping, please note these delinquencies and provide us
with dated material addressing this. I understand and recognize that the WRC and DOT
are on the fast track for these two projects. Therefore, we would like to get your
responses to these issues back to us by 31 October 2000.
? The 401 Certificate indicates that 7,407 linear feet of permanent impact shall be
mitigated for at a ratio of 1:1. The Carp and Racey mitigation locations only
account for a total of 1,545 linear feet. At this point, I'm assuming that the
balance will be accounted for with current landowner negotiations as noted in a
memo to the 421 Review Team (dated 29 August 2000). Has there been any
progress made on these negotiations? Please be reminded that DWQ must be
involved with the selection process.
? Also, the 401 Certificate notes that Interim Reports shall be sent to DWQ by
October 6, 1998 and April 6, 1999 to describe progress of mitigation site
selection. Was this accomplished? These reports were not in our files for this
project. We recognize that is a moot point; however, DWQ will now require that
all progress toward mitigation site selection be properly documented.
? Section 6 of the 401 Certificate clearly states that a stream mitigation monitoring
protocol shall be submitted to DWQ for written approval. Single copies of
mitigation plans for the Carp and Racey Sites were received in our office 30
August 2000. In your letter to Dave Penrose (dated 29 August 2000) you noted
that these plans were initially sent to DWQ in March 2000. But our records do
Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621
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? Table 1 lists nitrate-nitrogen, total nitrogen and total phosphorus as the nutrient suite
being analyzed. We recommend adding to this suite of parameters ammonia (NH),
Total Kjeldahl Nitrogen (TKN) and phosphate (PO). In addition, please discuss your
reasons for not including fecal coliform bacteria and metals in your analysis.
o Please list the contracted laboratory responsible for collection and analyses of water
and sediment samples.
? Appendix I was not included in the monitoring plan. This Appendix is an example of
the field log that should be used for this project.
? In section 3.1 why is station SW-3 listed as the pond near golf hole number 2? This
station is one of the monitoring locations being done during Phase I and the data are
intended to serve as water quality conditions upstream of the project.
? It is recommended that chlorophyll a be added to the parameter list. These data
should be collected seasonally from the pond at the lower end of the project following
construction.
? Minimum flow requirements for the stream outlet below the pond at the lower end of
the project should also be included as part of this monitoring plan.
Again, thank you for this monitoring plan. I feel confident that this plan when amended
will address the concerns of both DWQ, the comments noted at the public hearing and the
401 Certification.
Cc: Corps of Engineers, Raleigh Field Office
Raleigh DWQ Regional Office
Rex Gleason, DWQ Mooresville Regional Office
Kevin Martin, Soil and Environmental Consultants
Ron Ferrell, Wetlands Restoration Program
Diana Haywood, Haw River Assembly
Chatham County Water Supply Ordinance
Todd St. John, DWQ Wetlands Unit
Jay Sauber, Division of Water Quality
Keith Megginson, Chatham County Planner
File Copy
Central Files
Sincerelv,