20140196 Ver 1_Certified Return Receipt_20140318

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
March 18, 2014
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Ms. Karen Fussell, P.E., Division Engineer
NCDOT, Division 3
5501 Barbados Blvd.
Castle Hayne, NC 28429
Subject: Proposed replacement of Bridge No. 144 on SR 1102 in Pender County, State Project No. 17BP.3.R.26
DWR Project No. 14 -0196
Dear Ms. Fussell:
The Division of Water Resources 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:
Based on the information provided in the application, DOT is proposing to construct 135 If of stream channel
for onsite compensatory mitigation and an additional 67 If of compensatory mitigation "would occur by the
forces of nature cutting a new channel through the down gradient wetland area upon returning water into the
newly constructed channel portion." Per the "Stream Relocation Information Sheet" in your application, the
proposed constructed channel would end at Sta. 12 +00 at an elevation of 2.9 ft and the existing channel ends at
Sta. 12 +50 at an elevation 1.0 ft. This scenario would create instability in the proposed stream channel and also
create a substantial sediment release into the receiving waters. In addition, DOT cannot expect to receive
mitigation credit for a reach of unconstructed channel. The proposed channel design must be stable, including
grade controls if deemed necessary and tied directly into the receiving waters. Please revise your plan
accordingly.
2. Based on the numbers provided in the application, DOT is proposing to impact 213 If of stream channel. To
provide compensatory mitigation for the impacts; DOT is proposing to construct 202 If of stream channel (after
addressing the issues noted in the Item 1). Your proposed mitigation plan does not provide enough
compensatory mitigation for the proposed impacts. Please provide information on how you plan to provide
compensatory mitigation for the remaining linear footage of stream impact.
The application states that rip rap stabilization will extend along the upper reach of the proposed new stream
channel for a distance of 30 If. Please be advised that proposing rip rap bank stabilization in this reach is not
considered a natural stream design and this reach could be removed from your onsite credits, requiring
additional offsite mitigation. Please revisit your proposed design in this reach to determine if the rip rap can be
eliminated from the proposed stream bank. If rip rap cannot be eliminated from this reach, please provide an
explanation of why it is required and what alternative design changes were considered and why they would not
work.
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.
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N Salisbury St Raleigh, North Carolina 27604
Phone: [phone] FAX. 919 - 733 -1290
Internet www rimaterouality.om
An Equal opportunity 1 Affirmative Action Employer
NorthCarohna
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Furthermore, until the information is received by the NC Division of Water Resources, 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 or
mason.herndon @ncdenr.gov.
Sincerely,
Thomas A. Reeder
cc: Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Stoney Mathis, Division 3 Environmental Officer
Chris Militscher, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Stephen Lane, Division of Coastal Management
Sonia Carrillo, NCDWR Central Office
File Copy
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location- 512 N. Salisbury St Raleigh, North Carolina 27604
Phone. 919 - 807 -63001 FAX- 919 - 807 -64921 Customer Service: 1- 877 - 623 -6748
Internet: www.ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
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