HomeMy WebLinkAbout20240392 Ver 1_Responce Application Return Letter_20240261_BR-0251_Madison County_2-29-24___20240307DocuSign Envelope ID: D69E2979-FB59-46D8-AF68-365951BA6AC7
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Ms. Carina Clough
Division 13 PDEA Engineer
North Carolina Department of Transportation
55 Orange Street
Asheville, NC 28801
kaclouah(alucdot. aov
Mr. John Thomas
Gannett Fleming
One Glenwood Avenue, Suite 900
Raleigh, NC 27603
ithomasna efnet.com
NORTH CAROLINA
Environmental Quality
February 29, 2024
Subject: Return of Application for 401 Water Quality Certification, BIMS No. 20240261
NCDOT Bridge Program No. BR-0251, replace three timber bridges, Br-560074, Br-560072
and Br-560381, Madison County.
French Broad River Basin, Foster Creek 6-112-11, C, Tr, ORW; Little Foster Creek 6-112-
11-2 C, Tr, ORW; Big Laurel Creek 6-112 C, Tr, ORW
Dear Ms. Clough,
The Division of Water Resources (DWR) has reviewed your submittal for a 401 Water Quality Certification for the
aforementioned project and found it lacking. Initial PCN submittal was received on February 14, 2024 and a request
for additional information was sent on February 22, 2024. A response was received but the additional information
provided did not satisfy the DWR review comments.
Therefore, pursuant to 15A NCAC 2H. 0507(a)(3), we are denying the permit application. 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. When preparing for resubmittal please address the following
items listed in the additional information request.
• Submit a complete PCN for each proposed bridge replacement project. Permanent and Temporary
impacts should be separated for each project. Ok.... We will submit separate ePCNs for each bridge.
• Submit a Stormwater Management Plan for each bridge replacement project. The permit plans should
depict the required erosion and sedimentation control measures. These bridges are linear
transportation NCDOT projects. The state approved stormwater & erosion/sediment control Best
Management Practices (BMPs) for NCDOT projects will be implemented, inspected, and maintain for
these bridge projects. (Compliance with NCS000250) These projects will be built and maintained to
state approved NCDOT bridge construction standards.
• Provide additional details regarding the dewatering activities proposed for Bridge #74 and #72, which
are listed as temporary impacts in the PCN. A turbidity curtain or sandbags will be placed in front of
the existing end bents. The new end bents will be constructed behind the existing end bents. When new
end bents are complete, the existing end bents will be removed and the area in front of the new bents /
behind of turbidity curtain or sandbags will be stabilized. The turbidity curtain or sandbags will not
be removed until after completion of the new bridge construction.
• For Bridge #72, on sheet 1 the limits of Little Foster Creek are not clearly depicted opposite of the
proposed 18' CMP outlet. The proposed rip -rap apron should be aligned and installed to minimize
concentrated flow into Little Foster Creek. The Ordinary High-water Mark (OHWD) is highlighted on
the attached edited Preliminary General Drawings (PGDs). The existing 18" CMP driveway culvert on
the plans which discharges (i.e., not a JD waters feature) directly into Little Foster Creek is being
replaced with a new 18" CMP. The new driveway culvert discharges into a rip -rap dissipater through
DocuSign Envelope ID: D69E2979-FB59-46D8-AF68-365951BA6AC7
a vegetative buffer before entering into JD waters. (Compliance with NCS000250)
For Bridge #74, an 18' plastic pipe is depicted north of the bridge, which outlets to Foster Creek. The
pipe (or outlet location) should be evaluated to prevent downstream scouring near the proposed bent.
The existing 18" plastic pipe driveway culvert located on private property and not NCDOT right-of-
way is not being replaced for this project. The existing driveway culvert discharges (i.e., not a JD waters
feature) into a vegetative buffer before entering the OHWD JD waters of Foster Creek. (Compliance
with NCS000250)
For Bridge #381, the limits of the Big Laurel Creek and the adjacent tributaries (stream SC, SB and
SD) are not depicted on the plans adjacent to the proposed embankments. Big Laurel Creek (SA) and
Watermelon Branch (SC) OHWD JD waters are depicted by standard NCDOT Mapping Convention
hatch lines on the referenced plans. The unnamed tributaries (UT) SB and SD are not. These JD
features are outside of the construction impact area of these plans. However, these referenced UTs will
be protected from construction impacts with visibility fencing and soil erosion /sediment control devices
(i.e., standard state approved NCDOT BMPs). (Compliance with NCS000250)
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If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing.
You may obtain the petition form from the Office of Administrative Hearings (OAH). You must file the petition with
the OAH within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the OAH.
The OAH accepts filings Monday through Friday between 8:00am and 5:00pm, expect for state holidays. The original
and one (1) copy of the petition must be filed with the OAH.
The petition may be faxed provided the original and one copy of the document is received by the OAH within five (5)
business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6127 Mail Service Center
Raleigh, NC 27699-6714
Telephone: 919-431-3000, Fax 919-431-3100.
A copy of the petition must also be served on DEQ as follows:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If
you have any questions, please contact Ryan Conch ilia at 919-707-9111 or ryan. conchilla(a�dea.na.gov.
Sincerely,
(713ocuSigned by:
= O Z
Richard E. Rogers, Jr. Director
Division of Water Resources
Electronic copy only distribution:
Lori Beckwith, US Army Corps of Engineers, Asheville Field Office
David McHenry, USFWS Western DOT Coordinator
Adam Archual, Gannett Fleming
D E Q�� North Carolina Department of Environmental Quality � Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center Raleigh, North Carolina 27699-1617
NORTH
e� of n'J o me,,Quality /� 919.707.9000