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Home My WebLink About20240392 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) DocuSign Envelope ID: D69E2979-FB59-46D8-AF68-365951BA6AC7 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