20051666 All Versions_Other Agency Comments_20060223

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STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION w~'~~.,;,
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY

February 22, 2006

John Hennessy
NC Department of Environment and Natural Resources
Division of Water Quality
2321 Crabtree Blvd.
Raleigh, NC 27604-2260

Subject: NCDOT response to DWQ request letter, TIP B-4280, Stokes County, Replacement of
Bridge Nos. 14 and 44 on NC 8 over Town Fork Creek and Overflow, Division 9, Stokes
County. Federal Aid Project No. BRSTP 8(2), State Project No. 33620.1.1, WBS
Element 8.1641001, T.I.P. No. B-4280.

Dear John,
Please be advised that the NCDOT intends to proceed with construction of bridge replacement
project B-4280 under the Section 404 Nationwide Permit issued October 3, 2005, by the USACE.
We will not submit an application for an individual Water Quality Certification and will not request
written concurrence from DWQ for a General Certification to include a construction moratorium.

It is the policy of NCDOT to adhere to in-water construction moratoria when federally protected
aquatic species, anadromous fish, or trout species may be negatively affected by our construction
activities. However, as stated in the application, none of the above-listed species are known to occur
within in this reach of Town Fork Creek. Therefore, NCDOT feels that an in-water construction
moratorium is not warranted.

The NCDOT understands that the DWQ and WRC may feel that this policy presents challenges to
their missions. Therefore, we look forward to further discussions on the statewide effect, positive
and negative, of these moratoria.

MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] 2728 CAPITAL BLVD
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS PLB SUITE 168
1598 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH, NC 27604
RALEIGH NC 27699-1598

We look forward to working with the NC Division of Water Quality and NC Wildlife Resources
Commission to resolve this issue.

Sincerely,

Gregory. Thorpe, h.D. Environmental Management Director Project
Development and Environmental Analysis Branch

cc: Ms. Sue Homewood, NCDWQ
Ms. Marla Chambers, NCWRC
Mr. John Thomas, USACE Raleigh
Mr. Chris Militischer, USEPA
Ms. Megan Willis, NCDOT NEU

File: B-4280

2

Timeline for Bridge over Town Fork Creek in Stokes County TIP# B-4280, DWQ # 05-1666

September 01, 2005: Received original permit application for project dated August 29,
2005. Application was for a NW23 and NW 33. Application
noted that "The NCWRC has requested a moratorium for Town
Fork Creek from May 1 to July 15 because of the presence of the
bigeye jumprock (Scartomyzon ariommus), a state listed species.
However, due to the lack of statutory regulation requiring this
moratorium, NCDOT does not believe that this moratorium is
warranted."

September 21, 2005: Received a revised permit application for project dated September
16, 2005. Application did not change with regard to the statement
about the NCWRC requested moratorium.

September 25, 2005: Contacted NCWRC representative Marla Chambers to discuss
project. She agreed to look into the project in more detail and
research the original moratorium request again and submit to
DWQ (Sue Homewood) a memorandum further detailing why a
moratorium is necessary at this site.

November 8, 2005: Received a memorandum from NCWRC. Memorandum attached.

November 8, 2005: Sent letter to NCDOT by certified mail requiring NCDOT to
submit an application for an individual permit for this project, or in
lieu of applying for an individual permit, agreeing to meet the
moratorium requested by NCWRC.

\1 ATF Michael F. Easley, Governor
`O~~ qQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
o ~
November 8, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Dr. Greg Thorpe, PhD., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548

Subject: NCDOT TIP No. B-4280, Bridge Nos. 14 & 44 on NC 8 over Town Creek in Stokes County.
State Project No. 8.1641001, Federal Aid Project No. BRSTP-8(2), WBS Element 33620.1.1,
DWQ Project No. 051166
Dear Mr. Thorpe:

The Division of Water Quality, in consultation with the North Carolina Wildlife Resources Commission, has
determined that this project has the potential to remove existing uses of the stream. Based on the information that
we have received, we believe that an in-water construction moratorium from February 1 to June 30 would protect
the resident fish populations and thus the existing uses of the stream.
In accordance with General Certification 3403, the Division of Water Quality has the authority to require submission
of an Individual Certification if "...it is determined that the project is likely to have a significant adverse effect upon
water quality or degrade the waters so that existing uses of the wetland, stream, or downstream waters are
precluded." Based on the information received from the NC Wildlife Resources Commission, we have determined
that this project as presently proposed in your application has the potential to degrade waters so that existing uses to
the referenced stream might be removed. Thus, we are notifying the North Carolina Department of Transportation
that you are respectfully required to submit a formal application for individual certification for the above referenced
project.
In lieu of applying for an individual permit for this project, the NCDOT may instead request that the Division of
Water Quality issue a written concurrence with the General Certification 3403 which would include the construction
moratorium that the Division feels is necessary to protect the existing uses of the stream.
If you have any additional questions or require additional information please contact either myself at 919-733-5694
or Sue Homewood at 336-771-4600 ext. 287 or [e-mail].
Sincerely,

John E. Hennessy
Transportation Permitting Unit
cc: Megan Willis, PDEA
Marla Chambers, NCWRC
John Thomas, USACE Raleigh Field Office
Chris Militscher, USEPA, c/o Fed. Hwy. Adm., 310 New Bern Avenue, Room 412, Raleigh, NC 27601
DWQ WSRO File Copy
DWQ 401/Wetlands Transportation Unit
NorthCarolina
Transportation Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
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