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HomeMy WebLinkAbout20181478 Ver 1_More Info Requested_20181212NORTH CAROLINA ROY COOPER Environmental Qualfty covpmn MICHAEL S. REGAN secretary LINDA CULPEPPER interim Directs December 12, 2018 DWR # 18-1478 Wake County Habitat for Humanity ATTN: Jim Middleton 2420 N. Raleigh Boulevard Raleigh, NC 27604 Subject: REQUEST FOR ADDITIONAL INFORMATION Underwood Dam Breach Dear Mr. Middleton: On October 29, 2018 the Division of Water Resources (Division) received your application dated October 24, 2018, requesting a 401 Water Quality Certification and Buffer Authorization from the Division for the subject project. The Division has determined that additional information is required to process your application, therefore this application is on -hold until all of the following information is received: 1. Please clarify the design of the temporary stream crossings. Plan Sheet 4 ("Erosion Control Plan") illustrates the use of bridge mats to cross Stream "SB," (the intermittent channel flowing from the western side of the pond). Plan Sheet 8 ("Erosion Control Details") shows temporary culverts and fill stone used to construct stream crossings. Please clarify which will be used. The Division prefers bridging to the temporary installation of culverts and fill. 2. Please provide a narrative as to the expected impacts to the onsite wetlands. Is wetland loss anticipated? North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 Underwood Dam Breach Request for More Information DWR Project #20181478 Page 2 of 3 Please provide a narrative as to how sediments will be prevented from leaving the pond footprint and migrating downstream after the dam is removed. Will post construction monitoring take place? Further, please provide a density for the container plants to be installed in "Zone 2" shown on Sheet 6 ("Stabilization Plan"). 4. Has sampling of the pond bottom been conducted to demonstrate that the sediment to be released has similar or lower levels of contamination than sediment sampled downstream of the dam in compliance with Session Law 2017-145? Please provide the sampling data, if so. If not, please provide a short narrative as to how the project complies with Session Law 2017-145. 5. Please note that the buffers shown on "Figure 1" of Axiom Environmental, Inc.'s Underwood Pond Dam Environmenta/investigation incorrectly represent the buffers around the terminus of Stream SA and the origin of Stream SC. At the terminus and origin of a subject stream feature, the buffer is to extend in a 50' "bubble" radius around the start/end point. This does not appear to change your calculated buffer impact tables as the buffers are accurately shown on Sheet 1, "Buffer Impacts Exhibit," so the Division offers this as a point of information. If you have a question regarding this or how to delineate stream buffers please contact our office. 6. Please note that once the pond has been drained, the original pond buffers remain in place unless a buffer is replanted along both sides of the newly formed stream channel. Sufficient time must pass for a channel to form and stabilize in the bed of the pond with a minimum of 6 months. Please see the enclosed buffer clarification memo for more information. The Division provides this as information to consider during project design. 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 submitting all of the above requested information through this link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (please note that 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 returned. The return of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Underwood Dam Breach Request for More Information DWR Project #20181478 Page 3 of 3 Please be aware that you have no authorization under 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 Paul Wojoski at (919) 807-6364 or Paul.Woioski@ncdenr.gov if you have any questions or concerns. Sincerely, Karen Higgins, Super 401 & Buffer Permitting Branch Enclosure: Buffer Interpretation/Clarification #2007-012 cc: Becky Ward, Ward Consulting Engineers (via email) DWR 401 & Buffer Permitting Branch file File Name: 181478UnderwoodDam Breach(Wake)_401_NRB_Addlnfo Michael F. Easley Governor i 7 William G. Ross, Jr., Secretary Department of Environment and Natural Resources 'C Coleen, H. Sullins, Director September 4, 2007 Buffer Interpretation/Clarification #2007-012 rUMMIl].7 1 11lI Division of Water Quality RE: The Division of Water Quality's (DWQ's) stance on the location of the buffer in relation to drainage of a buffered pond as listed in the Table of Uses in the Neuse River Basin Buffer Rule 15A NCAC 02B.0233(6) and the Tar -Pamlico River Basin Buffer Rule 15A NCAC 02B.0259(6), and the time needed after a pond is drained to determine if a stream channel or wetland has reformed in the relic pond. Current Policy: According to the Table of Uses in the Neuse River Basin Buffer Rule 15A NCAC 02B.0233(6) and the Tar -Pamlico River Basin Buffer Rule 15A NCAC 02B.0259(6), drainage of a pond in a natural drainage way is considered "Exempt" provided that a new riparian buffer with a Zone 1 and Zone 2 per the Neuse River Basin Buffer Rule 15A NCAC 02B.0233(4) and the Tar -Pamlico River Basin Buffer Rule 15A NCAC 02B.0259(4) is established adjacent to the new channel and diffuse flow is maintained through Zone 1 and Zone 2 of the newly established buffer. Problem: The amount of time deemed necessary for a new channel to form within the drained pond has not been established. In addition, no specific guidance on how to drain the pond has been generated. Solution: After pumping and/or siphoning substantially all of the water out of the pond, the dam should be breached at a location in alignment with the downstream channel. The dam should be breached in a manner that does not result in erosive flows or sediment impact to downstream waters. Breaching the dam should be conducted in accordance with Division of Land Resources protocols, as well as in compliance with Division of Wildlife Resources and all applicable permits and authorizations must be secured. No channels, diversions, ditches or other excavated or constructed conveyances through the buffer should be used to drain the pond, as such actions are prohibited in the Neuse River Basin Buffer Rule 15A NCAC 02B.0233(6) and the Tar -Pamlico River Basin Buffer Rule 15A NCAC 02B.0259(6). Once the pond has been drained, the original pond buffers remain in place unless a Zone I and Zone 2 buffer is replanted along both sides of the newly formed stream channel. In cases where a wetland forms in the relic pond, the buffer would remain until sufficient time has passed for a channel to form in the bed of the pond. DWQ personnel must make an on-site determination of the extent of the new buffers. The amount of time required should be a minimum of six months, but may vary depending on regional climatic conditions (drought, etc.). The site should be evaluated during the winter months (January — March), when most intermittent streams have base flow. 1 Signature: 1 Date: � 401 Wetlands Certification Unit 1650 Mal Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17661 FAX 919-733a93I Internet: htti),I/h2o.enr.state.nc.us/nmetlands An Equal OpportunitylAf native Acton Employer-50%Recyded110% Post Consumer Paper