20110857 Ver 2_Approval Letter_20111025

NCDEHRR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
October 25, 2011
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Kevin Rose
Federal Highway Administration
21400 Ridgetop Circle ,
Sterling, VA 20166
Dee Freeman
Secretary
Subject: Reconstruction of FDR 597 (Badin Lake Road) and Installation of Box Culvert at Reeves Spring
Branch, Montgomery County. Federal Aid Project number PFH 49-1(3), TIP No R-4444A.
DWQ Project No 20110857
Dear Dr. Thorpe:
The NC Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification 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:
• Application request 651 feet of temporary stream impacts for sediment that maybe lost during
construction. The NC Division of Water Quality does not authorize sedimentation impacts and
consider sediment loss and excessive turbidity as described in your application as violations of
NC Statutes 15A NCAC 2B.0211(3)f and 15 NCAC 2B.0211(3)k. We request that your
application be revised and document in detail how such sediment loss will be avoided.
401 Water Quality Certifications General Conditions requires that all work in or adjacent to
stream waters shall be conducted in a dry work area. Approved BMP measures from the most
current version of NCDOT Construction and Maintenance Activities manual such as sandbags,
rock berms, cofferdams and other diversion structures shall be used to prevent excavation in
flowing water. We request that you provide a detail plan on how you propose to satisfy this
condition and modify your application to reflect the temporary impacts associated with your
proposal.
Please justify why the culvert needs to be buried 4 feet below the streambed. 401 Water Quality
Certification General Conditions requires that Unless otherwise approved in the certification,
placement of culverts and other structures in open waters and streams shall be placed below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to
allow low flow passage of water and aquatic life. Design and placement of culverts and other
structures including temporary erosion control measures shall not be conducted in a manner
that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream
and downstream of the above structures. The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable
225 Green St.. Suite 714, Fayetteville, NC 283015043
Phone: [phone] FAX: 91 OA86-0707
Internet www.ncwateraualily.org
An Equal Opporlunily't, Af vnalive Action Employer -50%Recycled ? 1T'5 Post Consumer Paper
NorthCarolina
Naturally
to be met due to bedrock or other limiting features encountered during construction, please
contact NCDWQ for guidance on how to proceed and to determine whether or not a permit
modification will be required.
• It is unclear in your application if the rip rap proposed at the end of the 18" x 85 ft pipe near
station 188+00 will be placed below the ordinary high water mark and impact Reeves Branch.
Please clarify and modify your PCN accordingly.
• The plan sheets do not show rip rap at the end of the 14 It x 12 ft box culvert, however in
section D.1 of the PCN states that the culvert outlet protection will be inspected and cleaned.
Please clarify and modify your application accordingly. If rip rap is proposed at the outlet of
this culvert, you must justify this additional impact in your application.
• Per your application, this project is segmented into two phases and FHWA is currently seeking
authorization for impacts associated with Phase I. Please provided the location and projected
impacts for the second segment so a determination can be made on a single and complete
project and the appropriate means of authorization.
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 Mason Herndon at (910) 308-
4021.
Sincerely,
U Coleen H. Sullins
Director
cc: Ronnie Smith, US Army Corps of Engineers, Wilmington Field Office (electronic copy only)
Art King, Division 6 Environmental Officer (electronic copy only)
Chris Militscher, Environmental Protection Agency (electronic copy oily)
Travis Wilson, NC Wildlife Resources Commission (electronic copy only)
Sonia Carrillo, DWQ Central Regional Office (electronic copy only)
File Copy