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Home My WebLink About20240358 Ver 1_More Info Requested_20240429ROY COOPER Governor ELIZABETH S. BISER Secretary RICHAM E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality April 29, 2024 D W R # 20240358 Stanly County Stanly County Utilities Attn: Mr. Duane S. Wingo, Utilities Director 1000 North First St., Suite 12 Albemarle, NC 28001 Delivered via email to: dwingoW@stanlycountyncgov Subject: REQUEST FOR ADDITIONAL INFORMATION Oakboro West Stanly WWTP Expansion Project Dear Mr. Wingo: On February 27, 2024, with fee received on March 6, 2024, the Division of Water Resources (Division) received your application requesting a 401 Individual Water Quality Certification from the Division for the subject project. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received: 1. The PCN states this project requires NEPA permitting. In accordance with 15A NCAC 01C .0107 please provide a final approval from the State Clearinghouse or provide a schedule for when the document is expected. 2. Trenchless boring is used throughout the state in various projects to minimize stream impact / potential WQ issues from trenches. In this project it is only proposed at the railroad crossing. Was it considered for other stream crossings? Further justification is needed to adequately document that all reasonable avoidance and minimization efforts have been taken. Note: Given the attached comments from NCWRC regarding the presence of the Carolina Creekshell and Eastern Creekshell in Stony Run Creek and its unnamed tributary, the Division believes that trenchless methods of installation are warranted to protect these species and their habitat. 3. A few plan sheets show the limit of disturbance up to the top of streambank. Standard 401 Certification requirement states, "Any utility construction corridor that is parallel to a stream or open water shall not be closer than 10 feet to the top of bank or ordinary high-water mark." If this requirement cannot be met in a specific location, please identify that location and provide details of why the project cannot be modified to meet this condition. Please also submit a D E Q �J North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH C of Envi A a 919.707.9000 Deparlmem of Envlronmenml Duali� Oakboro West Stanly WWTP Expansion - Project DWR# 20240358 Request for Additional Information Page 2 of 3 detailed construction sequence that includes additional measures that will be taken to protect long term stream stability and to protect downstream water quality standards. 4. Most plan sheets state that rip -rap will be emplaced in the stream bed/channel to stabilize after pipe is installed and trench backfilled. DWR does not recommend rip -rap be emplaced in stream channels. It may be used for bank stabilization, but in many cases, coir fiber matting and plants would allow the streams to return to near normal. Please explain. Standard 401 Certification requirement states, "Where there are temporary or permanent impacts from stream crossings, utility lines shall cross the stream channel at a near -perpendicular direction (i.e., between 75 degrees and 104 degrees to stream bank)." Please explain/verify crossings are between 75 degrees and 105 degrees to the stream bank and provide justification if not. Plan sheets at closer scale for details of crossings would be beneficial, please submit if available. • AREA 2 on Plan Sheet 1 of 13 • AREA 3 on Plan Sheet 2 of 13 AREA 15 on Plan Sheet 12 of 13 (Verify if width of stream is entire area in blue or well within the angled FM turns?) Horse Branch Creek — stream impact S1 (AREA 12 plan sheet 9 of 13) is 25 feet wide. The Division has significant concerns regarding open cut installation methods in large stream systems. It is staff's experience that open cut installation methods within large streams are extremely difficult to construct and maintain in a manner that ensures compliance with water quality standards. Please provide specific construction details, including proposed dewatering methodology, expectation of encountering rock and methodology for removal of rock, expected construction timeline, and additional measures proposed to ensure water quality protection during construction. The Effluent Outfall Plan Sheets (AREA 16) are confusing. What is the existing arrangement vs. the proposed changes? What is the "smooth foundation" under the filter fabric? Is the outfall pipe buried under this and then the rip -rap on top? What is the placement of the discharge pipe in relation to typical water level? Why is rip -rap on stream -bed? Please explain and provide more detailed profile sheet(s). Standard 401 Certification requirements state, "Construction corridors in wetlands and/or across stream channels shall be minimized to the maximum extent practicable and shall not exceed 40 feet wide." Please confirm there are no areas that will exceed 40' of disturbance (temporary or permanent). Standard 401 Certification regulation states, "Permanent maintained access corridors in wetlands and across stream channels shall be restricted to the minimum width practicable and shall not exceed 30 feet wide." Permanent easements are different than permanent, maintained corridors. Do you intend to have permanent, maintained corridors wider than 30 feet? If so, justify. Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the proper consideration of the application. Please respond in writing within 30 calendar days of receipt of this letter by sending one (1) copy of all of the above requested information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by D E Q�JJ North Carolina Department of Environmental Quality I Division of Water Resources !� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NoarHCAROLNA 919.707.9000 DeprMent of Environmental Duali� Oakboro West Stanly WWTP Expansion - Project DWR# 20240358 Request for Additional Information Page 3 of 3 submitting all of the above requested information through this link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on the link is referenced above). If all of the requested information is not received within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be denied as incomplete. The denial of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Maria Schutte at 704-235-2184 or.Maria.Schutte@deg.nc.gov if you have any questions or concerns. Sincerely, DocuSigned by: F161FB69A2D84A3... Andrew H. Pitner, P.G., Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Attachment: NCWRC Comments Electronic cc: Gerald Pottern, Morgensen Mitigation, Inc. Krystynka Stygar, USACE Charlotte Regulatory Field Office DWR 401 & Buffer Permitting Branch file Filename: 20240358 Oakboro West Stanly WWTP Expansion Project — Stanly - addinfo.docx D E Q�JJ North Carolina Department of Environmental Quality I Division of Water Resources !� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NoarH cnaoLNA 919.707.9000 Deparrmem or environmental anar� Baker, Caroline D From: Munzer, Olivia Sent: Tuesday, April 16, 2024 4:08 PM To: gerald@mogmit.com Cc: Stygar, KRYSTYNKA B CIV USARMY CESAW (USA); Pitner, Andrew Subject: NCWRC Comments - Stanly County Oakboro Wastewater Expansion - DWR no.. 20240358 Attachments: NC Native Plant Alternatives_October2018.pdf Good afternoon, We have records of the state endangered Carolina creekshell (Villosa vaughaniana) and state significantly rare eastern creekshell (V. delumbis) in Stony Run. We are requesting surveys for mussels at locations where the project will cross Stony Creek and its unnamed tributary. Prior to construction, surveys for state -listed mussel surveys should be conducted within the instream work area and 50 meters above and 100 meters below the work area. Any protected species surveys should be conducted by biologists with both state and federal endangered species permits. If state -protected species are found in the project area, the mussels should be relocated to suitable habitat above the project area. Also immediately contact Brena Jones, the Central Aquatic Wildlife Diversity Research Coordinator, at 919-707-0369 or brena.jones@ncwildlife.org if protected mussel species are found during surveys. Also, the state endangered and federal proposed tricolored bat (Perimyotis subflavus) is known to occur in Stanly County. We recommend any tree clearing activities should occur outside the "active season" (April 1—November 14) for the tricolored bat. Conducting tree clearing activities during the winter avoids impacting bats roosting in trees, particularly during the maternity season (June —July). Tricolored bats are known to roost in culverts and in bridges, including in the winter in the Piedmont of North Carolina. Therefore, any existing culverts greater than 3 feet wide or bridges adjacent to or within the project area should be surveyed for bats within 15 days of construction. Surveys should be conducted in accordance with the National White -nose Syndrome Decontamination Protocol and the NCWRC Culvert Survey Protocol. Please use native plants for seeding disturbed areas. Avoid using invasive and/or non-native species such as Bermudagrass, redtop, tall fescue, and lespedeza. A list of alternatives to non-native species has been attached. Alternatively, use a grain, such as oats, wheat, or rye for temporary cover and native seed mixes for permeant seeding. We recommend planting native, wildflower seed mixes that will create pollinator habitat within the project boundary. Lastly, erosion control matting made of plastic mesh or twine should not be used within the project area because it can injure or kill wildlife. Please let me know if you have questions. Thankyou, Olivia Olivia Munzer Western Piedmont Habitat Conservation Coordinator NC Wildlife Resources Commission Rogers Depot 1718 NC Hwy 56 W Creedmoor, NC 27522 Office: 919-707-4056 (note new number) Cell: 336-269-0074 olivia.munzer@ncwildlife.or>; www.ncwildlife.or>; 13 0 12 Lva Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.