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HomeMy WebLinkAbout20110175 Ver 1_Certified Return Receipt_20110224 RA A NCDEN R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director February 24, 2011 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Dr. Greg Thorpe, PhD., Manager Planning and Environmental Branch North Carolina Department of Transportation 1595 Mail Service Center Raleigh, North Carolina, 27699-1595 Subject: Proposed Neuse River Greenway in Johnston County, TIP No. EB-4993 DWQ Project # 20110175 Dear Dr. Thorpe: Dee Freeman Secretary The NC Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification and Neuse Buffer Rules 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: 1. The amount of Neuse Riparian Buffer impacts proposed in the application is 102,227 square feet of Zone 1 and 154,986 square feet of Zone 2. While the Neuse Buffer Rules Table of Uses indicates that greenway impacts are "Allowable", they are still subject to review for avoidance and minimization. For a greenway that is 3.5 miles in length, the amount of buffer impact seems excessive. DWQ understands the need to locate the greenway along the Neuse River, but would prefer the path be pushed further back away from the banks. In addition, DWQ has indicated in Buffer Clarification Memo 2009-004 dated October 26, 2009 (attached) that trails should be outside of Zone I to protect streambank stability. If an applicant must encroach on Zone 1, specific written justification and documentation should be included in the application. 2. The amount of permanent stream impacts proposed in the application is 409 linear feet, divided among nine stream crossings. A standard paved greenway width is 10 feet of asphalt plus 2 feet of grass along each side. DOT proposes piped stream crossings ranging from 3-4 times as wide. Please clarify the need -> for such long culverts on this greenway at these numerous'crossings. 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. Transportation Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650., Phone: 919;807.-6301.\ FAX: 919-807-6494 Internet: ht}p:11h2o.enr.siate.4c.usl6cwetlandsl ; NorthCarolina Naturally An Equal opportunity 1 Attractive Action Employer Please send your response to the Division of Water Quality, Transportation Permitting Unit and send a copy to the US Corps of Engineers, Washington Field Office.,Also, please indicate on the response DWQ Project Number 20110175 for swift processing. If you have any questions or require additional information, please contact Rob Ridings at 919-807-6403. Sincere) , 1470 Coleen H. Sullins u Director CC: W/attachments Amy James, NCDOT Natural Environment Unit W/O attachments Tom Steffens, US Army Corps of Engineers, Washington Field Office Chad Coggins, Division 4 Environmental Officer Travis Wilson, NC Wildlife Resources Commission File Copy 5 'j,