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
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