20100168 Ver 1_More Info Letter_20100321

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GoVERNOR
EUGENE A. CONTI. JR.
SECRETARY
April 20, 2010
NC Division of Water Quality
2321 Crabtree Blvd
Raleigh, NC 27604
ATTN: Ms. Coleen Sullins
Director
1 0- c i &'E
19@?flwol
APR 21 2010
DENR- WATER DUALITY
WETLANDS AND STORMIATER WWC,4
Subject: Jordan Rule Applicability and Section 401 Certification application for the
SR 1311 (Cook Rd) Widening & Extension from SR 1909 (Westbrook Ave) to
SR 1503 (Manning Ave) on NC 100 in Alamance County. Federal Aid Project
Number STP-0701(7), Division 7, T.I.P No.
U-31 I OB.
Reference: NCDOT Section 401 Certification application, dated February 22, 2010
NC DWQ letter, dated March 18, 2010, received March 31, 2010
Dear Ms. Sullins;
The North Carolina Department of Transportation (NCDOT) is in receipt of the North Carolina
Division of Water Quality's letter requesting adherence to the Jordan Lake Riparian Buffer Rules
for the subject project pursuant to 15A NCAC .0267.
The NCDOT understands that this project falls within the Jordan Lake Watershed. However,
?llhce?,;r;,nn(6)(b)0vl.ofthe.R,,1E 9--vi"des a grandfatheringallowanceforprojects "_.if CY.Finding
of No Significani Impacts has been issued for the project prior- to the effective date of this Rule
for state and federal entities." A Finding of No Significant Impact (FONSI) was signed by the
Federal Highway Administration and the NCDOT in January 1998, well before the August 2009
effective date of the Rule.
Therefore, the NCDOT believes that, pursuant to 15A NCAC .0267 (6)(b)(iv), the project is not
subject to the Jordan Lake Riparian Buffer Rules, given that it is a present and ongoing activity.
Nevertheless, the NCDOT recognizes the need to reduce degradation to water quality statewide.
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION TELEPHONE: [phone] LOCATION:
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 4701 Atlantic Ave.,
NATURAL ENVIRONMENT UNIT FAX: [phone] Suite 116
1598 MAIL SERVICE CENTER Raleigh, NC 27604
RALEIGH NC 27699-1598 WEBSITE.. ?.N000TORG
The NCDOT has implemented the following controls in the current design to minimize impacts
to the unnamed tributary of Travis Creek:
• Provided grass swale treatment for the second outfall prior to discharge through the
buffer.
• Reduced velocities in the existing culvert during high flow events by providing additional
pipe capacity in the overbank. This will help to improve the stability of the downstream
channel.
• No rip rap is to be placed in the streambed at the outlet of the pipe extension to help
preserve the natural integrity of the streambed
• 2:1 fill.slopes;are;to betused to reduce the footprint in the jurisdictional areas.
In additio, we are investigating and, if feasible, will reduce the number of outfatls from three to
two by combihifig'two drainage systems and providing discharge to level ground outside of the
fifty foot riparian buffenrto zrpreformed scour hole.
We respectfully request that the NC DWQ continue to process our February 2010 Section 401
Certification application, as originally proposed, and concur that this project is not subject to the
Jordan Lake Riparian Buffer Rule. Please direct any questions to Ms. Deanna Riffey at (919)
431-1594.
Thank you for your consideration in this important mater.
Gregory J. Thorpe, Ph.D., Manager
Project Development and Environmental Analysis
Branch
Cc: Nfl . Brian `v`v'ieitn.NCOWQ
Ms. Amy Euliss, NCDWQ
Dr. David Chang, P.E., Hydraulics
Mr. Travis Wilson, NC WRC
File: U-3I IOB
2_/2
FW: U-3110B Page 1 of I
FW: U-31108
Euliss, Amy
Sent: Monday, May 10, 2010 8:40 AM
To: Carrillo, Sonia
For the 10-0168 file...
-----Original Message-----
From: Wrenn, Brian
Sent: Thursday, May 06, 2010 4:14 PM
To: Lusk, Elizabeth L
Cc: Euliss, Amy; Thorpe, Gregory J; Harris, Philip S; Chang, David S; Karoly, Cyndi;
Ridings, Rob
Subject: RE: U-31106
Elizabeth,
DWQ's management has decided to accept your response as adequate for our request for
additional information on the U-3110B project. The 401 will be issued shortly out of the
Winston-Salem regional office. As a follow-up to discussions on this issue, DWQ will be
requesting a list of all projects in the Jordan watershed that have an approved FONSI
prior to the effective date of the Jordan Nutrient strategy that have not be permitted.
You mentioned in our conversations that DOT wants to know what to expect regarding the
Jordan rules. DWQ would like the same level of expectations regarding future permit
applications in the Jordan watershed. A formal request for this information will be
forthcoming. If you have any questions, please let me know. Thanks.
Brian
-----Original Message---
From: Lusk, Elizabeth L
Sent: Tuesday, April 20,
To: Wrenn, Brian
Cc: Euliss, Amy; Thorpe,
Subject: U-31108
Brian,
2010 1:36 PM
Gregory J; Harris, Philip S; Chang, David S
Please see attached. We are sending a hard copy through the mail. We would be happy to
meet and discuss any questions or suggestions.
Thanks,
Elizabeth
Elizabeth L. Lusk
Project Mgmt. Group
Natural Environment Unit
NCDOT, PDEA
voice: [phone]
fax: [phone]
Email correspondence to and from this sender is subject to the N.C. Public Records Law and
may be disclosed to third parties.
https://mail.ne.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAADMSzLcd9 W2TJH14%2bmA%2f... 5/10/2010