HomeMy WebLinkAboutReasonable Period of Time Extension Request - Bethel Park Stream Restoration Project; Burke County; Corps Action ID# SAW-2022-02311; DWR# 202305661
Winston, Joey
From:Winston, Joey
Sent:Monday, August 7, 2023 2:01 PM
To:scott.jones@usace.army.mil
Cc:Brandee.C.Boggs@usace.army.mil
Subject:Reasonable Period of Time Extension Request - Bethel Park Stream Restoration Project; Burke
County; Corps Action ID# SAW-2022-02311; DWR# 20230566
Dear Chief Jones,
On April 18, 2023, the Division of Water Resources (DWR) received an applicaƟon from the City of Morganton and EWT
25 LLC for an Individual 401 Water Quality CerƟficaƟon for the Bethel Park Stream RestoraƟon Project in Burke
County. On June 6, 2023, August 4, 2023, and August 7, 2023, DWR requested addiƟonal informaƟon from the applicant
and conƟnues to work with the applicant to resolve water quality related concerns. DWR respecƞully requests that the
reasonable period of Ɵme be extended unƟl December 14, 2023. In support of this request, we direct your aƩenƟon to
the following consideraƟons with regard to consideraƟons listed in RGL 19‐02:
(i) Type and Complexity of Proposed AcƟvity: The project proposes to restore secƟons of East Prong HunƟng
Creek and Fiddlers Run, establish a riparian buffer, construct three acres of bioretenƟon swales, and replace
exisƟng foot bridges and culverts. AquaƟc habitat restoraƟon projects of this magnitude are complex and
require careful design to ensure an improvement of degraded resources will be achieved. This project
specifically proposes the construcƟon of new off‐line channels, regrading of floodplain benches, and filling
exisƟng stream channels to achieve streambank stability. It also proposes the construcƟon of bioretenƟon
swales to store and treat stormwater, presumably within exisƟng jurisdicƟonal features, to resolve exisƟng
flooding issues. The Division is working with the applicant and has requested plans that include all
jurisdicƟonal features, and the proposed impacts to them, so that the effects on water quality can be fully
reviewed.
(iv) Unique or Complex Site CondiƟons: East Prong HunƟng Creek and Fiddlers Run are classified Water Supply
IV for uses for drinking, culinary, or food processing purposes and C for wading, boaƟng, fishing, wildlife, fish
consumpƟon, agriculture, and the survival and maintenance of biological integrity. East Prong HunƟng Creek
and Fiddlers Run are both listed on the 303(d) List of Impaired Waterbodies for exceeding fecal coliform
standards. East Prong HunƟng Creek and Fiddlers Run are both tributary to HunƟng Creek, which is listed on
the 303(d) List of Impaired Waterbodies for exceeding fecal coliform standards and for fish community with
a fair, poor, or severe bioclassificaƟon. A 2011 HunƟng Creek Watershed Plan idenƟfies stream restoraƟon
projects that reduce erosion into the waterways and stormwater management pracƟces that reduce flow
velocity and pollutants as strategies to improve the quality of the HunƟng Creek Watershed. This project
proposes these strategies as part of a city park redesign project. The Division is working with the applicant to
obtain plans that idenƟfy all surface water features and their proposed impacts to ensure the project will
not cause water quality standards violaƟons or contribute to exisƟng water quality standard exceedances.
(v) Magnitude of Impact to AquaƟc Resources: A Preliminary JurisdicƟonal DeterminaƟon has idenƟfied 3,386
linear feet of streams, 0.893 acres of wetlands, 442 linear feet of jurisdicƟonal swale, and 293 linear feet of
jurisdicƟonal ditches within the project footprint. The project proposes to permanently impact 3,386 linear
feet (0.533 acres) of streams for restoraƟon acƟviƟes that will include the construcƟon of new off‐line
channels, the fill of exisƟng channels, and potenƟally the placement of new culverts. Floodplain grading to
0.013 acres of boƩomland hardwood forest is proposed as a permanent impact to wetlands present onsite.
Permanent impacts to 293 linear feet (0.012 acres) of jurisdicƟonal ditches and 442 linear feet (0.030 acres)
of a jurisdicƟonal swale is proposed for floodplain bench excavaƟon and bioretenƟon grading. The project
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plans provided in response to a request for addiƟonal informaƟon do not idenƟfy the proposed impacts to
wetlands, jurisdicƟonal ditches, or jurisdicƟonal swales and the Division is working with the applicant to
ensure all proposed impacts to surface waters is included in the applicaƟon. The magnitude of proposed
impacts to surface waters requires more extensive review to ensure the project will not contribute to
exisƟng water quality exceedances or cause addiƟonal water quality violaƟons.
By making this request, DWR does not waive its right to determine that addiƟonal informaƟon or Ɵme is necessary to
process the applicaƟon. Further, DWR does not waive its right to contest the legality of the Corps’ August 7, 2019,
Regulatory Guidance LeƩer, Corps regulaƟons implemenƟng secƟon 401 of the Clean Water Act, or any acƟons taken by
the Corps pursuant thereto.
We respecƞully request that you provide your wriƩen concurrence by August 14, 2023.
Please let me know if you have any quesƟons.
Sincerely,
Joey
Joey Winston
Environmental Specialist II, Division of Water Resources
North Carolina Department of Environmental Quality
Office: (828) 296‐4685 | Cell: (828) 785‐9171
NEW: joey.winston@deq.nc.gov
DEQ is updating its email addresses to @deq.nc.gov in phases from May 1st to June 9th.
Employee email addresses may look different, but email performance will not be impacted.