NCS000250_NCDOT Retrofit Requirement Response_20220524

From:McDaniel, Andrew H.
To:Powell, Jeanette; Annette Lucas
Subject:RE: [External] Quick Q re: NCDOT Retrofit Requirement in TS4 permit
Date:Tuesday, May 24, 2022 1:38:03 PM
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Jeanette and Annette,

FYI – in 2014 the EMC approved NCDOT’s implementation of applicable NPDES programs as
compliance with its Falls Lake New & Existing Development Stormwater Management Program as
allowed under the rules. We’ll make sure the TS4SMP all syncs up.

Thanks,
Andy

From: Powell, Jeanette <[e-mail]>
Sent: Tuesday, May 24, 2022 1:20 PM
To: Annette Lucas <[e-mail]>
Cc: McDaniel, Andrew H. <[e-mail]>
Subject: RE: [External] Quick Q re: NCDOT Retrofit Requirement in TS4 permit

NCDOT can count Falls Reservoir program implementation as a Qualifying Alternative Program for
Post-Construction requirements if it defines it as such in the approved TS4SMP. NCDOT would have
to obtain DEQ approval to directly count Falls Reservoir retrofits towards the BMP Retrofit Program
[Ref. permit condition 3.6.1], but could argue that “innovative solutions implemented through
collaboration with the Research and Toolbox Programs” were used in accordance with the approved
May 2022 NCDOT Post-Construction Stormwater Program, sections 5.2 and 5.3, to obtain retrofit
credit.

Improving vegetation on remnant parcels from grass to woods as a retrofit project would also be
subject to the approved May 2022 NCDOT Post-Construction Stormwater Program, sections 5.2 and
5.3. Demonstration of water quality benefits would be necessary.

J
Jeanette Powell
MS4 Program Coordinator
919-707-3620
[e-mail]

North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources Stormwater Program
512 N. Salisbury Street, 6th Floor
1612 Mail Service Center
Raleigh, NC 27699-1612

Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties.

https://deq.nc.gov/sw

From: Annette Lucas <[e-mail]>
Sent: Wednesday, May 18, 2022 2:51 PM
To: Powell, Jeanette <[e-mail]>
Subject: RE: [External] Quick Q re: NCDOT Retrofit Requirement in TS4 permit

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.

Thanks JP. DOT also has to implement nutrient measures (retrofits) in the Falls Lake watershed (of
course that would only apply to one of the Divisions). The way the TS4 permit is worded, it makes me
think that they couldn’t count measures implemented in Falls Lake to meet that rule requirement as
also meeting TS4 retrofit requirements.

Also, do you have any thoughts on whether improving vegetation on remnant parcels from grass to
woods could be counted as a retrofit project? Our modeling shows that this would significantly
reduce runoff, TSS, nutrients and other pollutants.

A

From: Powell, Jeanette <[e-mail]>
Sent: Wednesday, May 18, 2022 2:01 PM
To: Annette Lucas <[e-mail]>
Subject: RE: [External] Quick Q re: NCDOT Retrofit Requirement in TS4 permit

CAUTION: This email is NOT from McAdams. DO NOT click links or open attachments unless you verify the sender
and content.
No, the number 70 is based on one retrofit in each of the 14 Divisions per year. There are no specific
or additional requirements for Falls Lake.

J
Jeanette Powell
MS4 Program Coordinator
919-707-3620
[e-mail]

North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources Stormwater Program
th
512 N. Salisbury Street, 6 Floor
1612 Mail Service Center
Raleigh, NC 27699-1612

Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties.

https://deq.nc.gov/sw

From: Annette Lucas <[e-mail]>
Sent: Wednesday, May 18, 2022 11:20 AM
To: Powell, Jeanette <[e-mail]>
Subject: [External] Quick Q re: NCDOT Retrofit Requirement in TS4 permit

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.

JP –

Hi short timer!

Q about NCDOT’s retrofit requirement: do they have to do the required retrofits for Falls Lake in
addition to the 14 retrofits required in their TS4 permit. In other words, they can’t double-count?

You wrote it , but here it is for quick reference.

Thanks,
A

Annette M. Lucas PE
stormwater program practice lead

direct 919.287.0716 mobile [phone]
[e-mail]
2905 Meridian Parkway, Durham, NC 27713
www.mcadamsco.com
Join Our Team

Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.