20050785 Ver 12_Response to Request for Mod_20090302

v
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Coleen H. Sullins
Director
Dee Freeman
March 2, 2009
Dr. Greg Thorpe, PhD., Manager
Project Development and Envuonmental Anatysis Branch
North Carolina Department of Transportation
1548 Mail Service Cen[er
Raleigh, North Carolina, 27699-1548
Subject: Response to the request for modification of 401 Water Quality Certification No. 3527 for
improvements to US 17 in Beaufort County, Federal Aid Projec[ No. MAF-75-3 (26),
TIP R-2510B. DWQ Project No. 20050785 v.l 1, v.12
Dear Dc Thorpe:
The Modification of 401 Water Quality Certification No. 3527 issued on February 20, 2009 states that an
approved study plan must be submitted to and approved by NCDWQ before any in water pile driving work
can continue during the in-water work moratorium period. NCDOT submitted a study plan for review and
approval on February 26, 2009. This study plan does not adequately address the concems of the resource
agencies, therefore NCDWQ does not approve the plan as proposed. The plan was found to be insufficient
in one or more of [he following areas:
• The plan does not address the critica] issues of fish behavior and avoidance from the pile driving
activiro.
• The proposed monitoring is not sufficient to determine if pile driving activiry alters migration or
spawning of adult fish, or successful development or mortality of larval fish.
As a result no waiver of the moratorium is granted at [his time. Per Condi[ion 3 of [he aforementioned
Water Quality Certification, NCDOT has until March 6, 2009 to submit another study plan for review and
approval. It is recommended that NCDOT coordinate further with the applicable resource agencies to
develop a fish behavior impact component for the proposed study plan.
If we can be of further assistance, do not hesitate to contact us.
Sincer
`
1 ?
Director
? leen H. s
Attachments
cc: Mr. William Wescott, Corps of Engineers, Washingon Field Office
Mr Jay Johnson, Division 2 Environmental Officer, PO Box 1587, Greenville, NC 27835
Mr. Steven Sollod, NCDENR- DCM, 2728-168 Capital Blvd., Parker Lincoln Bldg., Raleigh, NC 29604
Mc Stephen Lane, DCM, Morehead City Mr. Roger Rochelle, NC DOT, Transportation Program Management, ] 595 Mail Service Cencer
Raleigh, NC 27699
Mr. Travis Wilson, NCWRC, 1142 I-85 Service Rd, Creedmoor, NC 27522
b1r. Louis Daniel, NCDMF, P.O Box 679, Morehead City, NC 28557
?MS. Sonia Gregory, NCDWQ, 401/Wetlands Unit
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