19970972 Ver 1_More Info Received_20010120 (2)

"01/01/1995 23:35 9196440694
,
North State. Legal Services
114 West Corbin Street
PO BOX 670
Hillsborough, NC 27278
[phone]lPaX: (919) 6444694
Brenda Ford Harding
Program Director
June 30, 1999
VIA FAX [phone] & MAIL
Mr. John 1Dorney
Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27607
Re: DWQ Project 970972
Anson County
Dear Mr. Dorney:
PAGE 02
1400-672-5834
Toll-free Number
We understand that a public hearing has been scheduled for July 13, two weeks from yesterday.
Attached is a copy of the letter we sent to you in April. We have yet to receive a copy of the
report submitted by Chambers in response to your December 17, 1998 letter to Chambers.
Most importantly, however, despite repeated requests, no one has received a copy of the draft
permit, even though a hearing for public comment has been set for over two weeks. As you
know, it is impossible to prepare for a hearing, or get experts to review a proposed permit,
without a draft in hand to review.
till,
We are
extremely concerned about this issue. We ask that you send a copy of the draft permit to
us, that you provide a copy for citizens to review, and that you re-schedule the hearing to allow
the fall 30 days to review and prepare for the hearing, as the notice requirements provide. At th
absolute minimum, the comment period should be extended until at least 30 days after the
hearing to allow us the opportunity to review the permits and submit comments to your agency.
Finally, please follow up on our earlier request regarding a copy of the staff report.
Please contact either of us as soon as possible about these matters.
Sincerely,
Melan arnhardt Breen
Attorney at Law
ec: Jim Coffey
Sincerely,
lr?
John D. Runkle
Attorney at Law
Private Co-counsel
[phone]
A Legal Services of North Carolina Program
Service Alamance, Anson, Caswell, Chatham, Moore, Orange and Richmond Counties
°01/01/1995 23:35 9196440694 PAGE 03
North State Legal Services
114 west Corbin Street
PO Box 670
Hillaborough, NC 27278
[phone]/Fax: [phone]
Branch Ford Harding 1-800.6724W34
Program Director Toll-tree Number
April 12, 1999
VIA FAX [phone] & MAIL
Mr. John Dorney
Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27607
ow-Y
Re: DWQ Project 970972
Anson County
Dear Mr. Dorney:
To follow up on our conversation earlier today, I appreciate you agreeing to send me a copy of
the report submitted by Chambers in response to you December 17, 1998 letter to Chambers. I
neglected to inquire as to whether a draft permit has yet been issued. If so, please send a copy to
me and John Runkle. If not, please let me know as soon as it is issued.
I understand that the staff report is not yet complete. Can you please let me know as soon as that
is available.
As you know, in order to effectively respond to DWQ and prepare for the upcoming hearing, Mr.
Runkle and I need copies of both the draft permit and the staff report regarding the draft permit
and/or application therefor.
Please let me know if there are any problems with this request, Thanks for your prompt and
courteous attention.
Sincerely,
1? 1& t
owly Melany E ardt Breen
Attorney at Law
cc: John Runkle
A Legal Services of North Carolina Program
Service Alamance, Anson, Caswell, Chatham, Moore, Orange and Richmond Counties
01/01/1995 23:35 9196440694
PAGE 04
North State Legal Services
114 West Corbin Street
PO Box 670
Hillsborough, NC 27278
[phone]/Fax: [phone]
Brenda FOrd Harding
Program Director
June 30, 1999
1.800.072-5834
Toil-nee Number
Vl? FAX [phone] & MAIL
Mr. Jim Coffey
Division of Waste Management
Solid Waste Division
401 Oberlin Drive
Raleigh, NC 27605
Dear Mr. Coffey:
As you know, we represent citizens in Anson County who oppose the siting and
construction of a proposed landfill near Polkton, NC. These individuals live near the
proposed landfill site and will be affected by it's construction and operation.
We understand that a public hearing has been scheduled in Anson County on July 13, two
weeks frond yesterday, for both the proposed solid waste permit and the proposed wetland
permit. However, despite repeated requests from citizens, neither draft permit has been
provided for review. As you know, it is impossible to prepare for a healing, or get
experts to review a proposed permit, without a draft in hand to review.
We are extremely concerned about this issue. We ask that you send a copy of the draft
permit to us, that you provide a copy for citizens to review, and that you re-schedule the
hearing to allow the full 30 days to review and prepare for the hearing, as the notice
requirements provide. At the absolute minimum, the comment period should be extended
until at least 30 days after the hearing to allow us the opportunity to review the permits
and submit comments to your agency.
Please contact either of us as soon as possible about this matter.
Sincerely,
Melan ardt Breen
Attorney at Law
John Dorney
Sincerely,
Jo D. Runkle Aleh
Attorney at Law
Private Co-counsel
[phone]
A legal Services of North Carolina Program
Service Alamance, Anson, Caswell, Chatham, Moore, Orange and Richmond Counties

6
k
t,
sb'=
r
F.
-zcM?-K?

r?=
SECTION .0500 - WATER QUALITY CERTIFICATION
.0501 PURPOSE
(a) The provisions of this Section shall apply to all division regulatory, planning, resource management, liaison
and financial aid determinations that affect surface waters and wetlands as defined by 15A NCAC 2B .0202. This
Section shall only apply to specific activities which require state review after the effective date of this Rule and
which require a Division determination concerning effects on surface waters or wetlands. Activities that are
described in Section 404(f)(1)(A)-M of the Clean Water Act (33 U.S.C. 1344) are exempt from this Rule.
(b) These Rules outline the application and review procedures for activities that require water quality
certifications (certifications) pursuant to Section 401 of the Clean Water Act (33 U.S.C. 1341). Certifications are
required whenever construction or operation of facilities will result in a discharge into navigable waters as described
in 33 CFR Part 323. The federal definition of navigable waters includes wetlands as defined at 33 CFR 328.3 and'
40 CFR 230.3.
(c) Certifications may be issued for individual activities (individual certifications) or issued for specific types or
groups of activities (general certifications):
(1) Individual certifications are issued on a case-by-case basis and the procedures outlined in the following
Rules are required for each individual certification.
(2) General certifications are issued for specific types or groups of activities that are similar in nature and
considered to have minimal impact. The application and review procedures for requesting concurrence
from the Division that the general certification can be used for the proposed activity are the same as the
procedures outlined in the following Rules for individual certifications unless specifically stated otherwise
ra in the general certification.
History Note. Authority G.S. 143-215.3(a)(1); 143-215.3(c); 143B-282(1)(u);
RRC Objection Eff. July 18, 1996 due to hack of statutory authority and ambiguity;
E,f. . October 1, 1996
.0502 APPLICATION
(a) Application for Certification. Any person, as defined in Article 21, Chapter 143, North Carolina General
Statutes, desiring issuance of the state certification or coverage under a general certification required by Section 401
of the Federal Water :Pollution Control Act as amended shall file with the Director of the North Carolina Division
of Water Quality (director), at the office in Raleigh, North Carolina, an original and six copies of an application
for certification. Submission of an application to the Division of Coastal Management for permits to develop in
North Carolina's coastal area shall suffice as an application for certification. The application shall specify:
(1) the date of application;
(2) the name, address, and phone number of the property owner,
(3) if the applicant is a corporation, the state in which it is domesticated, the name of its principal officers,
the name and address of the North Carolina process agency, and the name of the individual who shall be
primarily responsible for the conduct of the activity for which certification is sought;
(4) the nature of the activity to be conducted by applicant;
(5) whether the discharge has occurred or is proposed;
(6) the location of the discharge, stating the municipality, if applicable; the county; the drainage basin; the
name of the receiving waters; and the location of the point of discharge with regard to the receiving
waters;
(7) a description of the receiving waters, including type (creek, river, swamp, canal, lake, pond or estuary)
if applicable; nature (fresh, brackish or salt); and wetland classification;
(8) description of the type of waste treatment facilities if applicable.
(b) Maps. There shall be attached to the application a map(s) or sketch(es) of sufficient detail to accurately
delineate the boundaries of the lands owned or to be utilized by the applicant in carrying out its activity; the
location, dimensions and type of any structures erected or to be erected on said lands for use in connection with the
activity; and the location and extent of the receiving waters including wetlands within the boundaries of said lands.
(c) Power to Request Additional Information. The Director may request, and the applicant shall furnish, any
additional information that may be found necessary for the proper consideration of the application.
(d) Omissions From Applications. If the applicant considers that it is not feasible or is unnecessary, to furnish
any portion of the information required by Paragraphs (a) and (b) of this Rule, applicant shall submit a detailed
NORTH CAROLINA. ADMINISTRATIVE CODE 10115196 Page I
EHNR - ENVIRONMENTAL MANAGEMENT 1 11.711: UZZI .v.7vv
(b) Hearing for Applicant Upon Certification Denial. An applicant whose certification is denied or granted
subject to unacceptable conditions, shall have the right to a contested case hearing pursuant to the provisions of G.S.
150B-23.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(e), 143B-282(1)(u);
Ef. .. February 1, 1976,
Amended E . July 1, 1988; December 1, 1984;
RRC Objection E . July 18, 1996 due to lack of statutory authority and ambiguity,
RecodiyW from 15A NCAC 2H. 0503 E . October 1, 1996,
Amended Eff. October 1, 1996
.0505 DELEGATIONS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(e),
Effo February 1, 1976;
Repealed Eff. December 1, 1984.
.0506 REVIEW OF APPLICATIONS
(a) In evaluating requests for certification based on the procedures outlined in Paragraphs (b) through (e) of this
Rule, the Director sball determine if the proposed activity has the potential to remove or degrade those significant
existing uses which are present in the wetland or surface water. Activities which would not remove or degrade
existing uses shall be reviewed according to the procedures found in Subparagraph (c)(2)-(5) of this Rule. Those
activities covered by general certifications [15A NCAC 2H .0501(c)(2)] which do not require written concurrence
from the Division shall be deemed certified if the conditions of the certification are followed and may proceed
without the review procedures outlined in Paragraphs (b) through (e) of this Rule. An applicant may also
demonstrate that designated uses are not present at a particular site using a wetland evaluation procedure approved
by the Director according to the criteria found in 15A NCAC 2B .0103(c); otherwise the designated uses as outlined
at 15A NCAC 2B ..0231(a)(l)-(6) are assumed to exist in all classes of wetlands, and the appropriate review
procedures shall be undertaken. Certification shall be issued where the Director determines water quality standards
are met, including protection of existing uses.
(b) The Director shall issue a certification upon determining that existing uses are not removed or degraded by
a discharge to classified surface waters for an activity which:
(1) has no practical alternative under the criteria outlined in Paragraph (f) of this Rule;
(2) will minimize adverse impacts to the surface waters based on consideration of existing topography,
vegetation, fish and wildlife resources, and hydrological conditions under the criteria outlined in
Paragraph (g) of this Rule;
(3) does not result in the degradation of groundwaters or surface waters;
(4) does not result in cumulative impacts, based upon past or reasonably anticipated future impacts, that cause
or will cause a violation of downstream water quality standards;
(5) provides for protection of downstream water quality standards through the use of on-site stormwater
control measures; and
(6) provides for replacement of existing uses through mitigation as described at Subparagraphs (h)(1) of this
Rule.
(c) The Director shall issue a certification upon determining that sufficient existing uses are not removed or
degraded by a discharge to Class WL wetlands as defined at 15A NCAC 2B .0101(c)(8), for an activity which:
(1) has no practical alternative as described in Paragraph (f) of this Rule, or impacts less than three acres of
Class WL wetlands;
(2) will minimize adverse impacts to the wetland based on consideration of existing topography, vegetation,
fish and wildlife resources, and hydrological conditions under the criteria outlined in Paragraph (g) of this
Rule; or impacts less than one acre of wetland within 150 feet (ncluding less than 1/3 acre of wetland
within 50 feet), of the mean high water line or normal water level of any perennial or intermittent water
body as shown by the most recently published version of the United State Geological Survey 1:24,000
(7.5 minute) scale topographical map or other site specific data;
(3) does not result in the degradation of groundwaters or surface waters;
(4) does not result in cumulative impacts, based upon past or reasonably anticipated future impacts, that cause
or will cause a violation of downstream water quality standards;
(5) provides protection for downstream water quality standards through the use of on-site storrawater control
NORTH CAROLINA ADMINISTRATIVE CODE 10115196 Page 3
ESNR - ENVIRONMENTAL MANAGEMENT T15A. 02H'.0500
statement explaining the reasons for omission of any such information.
(e) Investigations. The staff of the Department of Environment, Health, and Natural Resources (department)
shall conduct such investigation as the Director deems necessary; and applicant shall cooperate in the investigation
to the extent that it shall fiurnish necessary information, allow the staff safe access to the lands and facilities of the
applicant and lend such assistance as shall be reasonable.
(f) Who Must Sign Applications. The application shall be considered a "valid application" only if the application
bears the signature of a responsible officer of the company, municipal official, partner or owner. This signature
certifies that the applicant has title to the property, has been authorized by the owner to apply for certification or
is a public entity and has the power of eminent domain. Said official in signing the application shall also certify
that all information contained therein or in support thereof is true and correct to the best of his knowledge.
(g) An application form may be obtained from the Division of Water Quality, the Division of Coastal
Management, or the U.S. Army Corps of Engineers, Wilmington District, Regulatory Branch. .
History Note: Authority G.S. 143-215.3(a)(1); 143-215(c); 143B-282(I)(u);
Eff. February 1, 1976;
Amended E„tj: December 1, 1984; January 1, 1979;
RRC Objection Ef: July 18, 1996 due to lack of statutory authority and ambiguity;
Recodifledfrom 15A NCAC 2H.0501 Eff. October 1, 1996;
Amended Eff. October 1, 1996.
.0503 PUBLIC NOTICE
(a toti byPti,c o.. tyotic ofeach?pen mg-applica i2 for ag j4dividual certification.shall be listed
ubli
one tone m* -a-newspaM having-general-circulation-imthe-county-in which the discharge-will. occur, or_as.provided
in-Paragraph-(c)-of..this_Rule.--Publication-shall-be°made.at-least.l5 days prior to-proposed ftn_a --actlc o by fuze-,
Director upon the application and not moire than-2Q dayssafter:acceptance of a-completed-application.-.
-- ., ....
(b) Contents of Notice. The notice shall set forth the name and address of the applicant; the action requested
in the application; the nature and location of the discharge; and the proposed date of final action to be taken by the
Director upon the application. The notice shall also state that additional information is on file with the department
and may be inspected at any time during normal working hours. Copies of such information on file shall be made
available upon request and upon payment of the cost thereof to the department.
a notice - _ atisfied_ by =a joint notice with the Division of Coastal
Management (15A NCAC 71.0206) or the U.S. Army Corps of Engineers according to their established procedures,
-held: thso,?++?n?emr?r Ai-:--.
notice o e hearing one time in anew r haviri
circulation R
g-
thhesria . e notice shall state the time;pIace and naiura°of the'hearing:,i y - -- -+
(e):atei Q=- ify`CEfific "cation WaSing List` Aa}r -may request that he or she-be-maff&l-copies..of all
public notice's required by tlu'suIe `The Director shall add the name of any such person to a water quality
certification mailing list and shall mail copies of notices to all persons on the list.
(yment o£Costs.:of Public Noticx. YZliel?caatshal11 _ -deb the costs of-advertising-public
pay to the artment
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(c); 143B-282(1)(u);
Eff. February 1, 1976;
Amended E„$ December 1, 1984; September 1, 1984
RRC Objection E„f: July 18, 1996 due to lack of statutory authority and ambiguity;
Recodified from 15A NCAC 2H. 0502 Eff. October 1, 1996,
Amended Eff. October 1, 1996
.0504 HEARING
(a hl'Hfi _itha`Dmcto?eterminerthat i?i? itb lic?interest„hit.a upblic
I.- tiurflose of revxewmg pu(i cam?ent and addmm inform ttioa-be held
`pnor to graritlag or
certifi 'cab` the Director shall so appltCSn - - - - - -
onr t,?b?ngustcred y or , and"'
....-_ - certified-mail return -receipt- requested"
sham-pubnotas nequuredm Rule .0503(d) and (e) of this Section: Sucfi fieanng: sliaTi-fieeld win
90 ys owing date of notification. The record of each hearing held under this Paragraph shall remain -
NORTH CAROLEVA ADAIMSTRATM CODE 10115196 Page 2
EHNR - ENVIRONMENTAL MANAGEMENT T15A: 02H.0500
measures; and
(6) provides for replacement of existing uses through wetland mitigation under U.S. Army Corps of Engineers
requirements or as described in Subparagraph (h)(1)-(8) of this Rule.
(d) The Director shall issue a certification upon determining that significant existing uses are not removed or
degraded by a discharge to Class SWL wetland as defined at 15A NCAC 2B .0101(d)(4),wetlands that are
contiguous to waters designated as ORW, HQW, SA, WS-I, WS-II or Trout, or wetlands that are contiguous to
rivers designated as a North Carolina or National Wild and Scenic River for an activity which satisfies
Subparagraphs (c)(2)-(5) of this Rule, and:
(1) for wetlands classified as coastal wetlands pursuant to 15A NCAC 7H .0205:
(A) has no practical alternative as described in Paragraph (f) of this Rule; and
(B) is water dependent and requires access to water as a central element of its basic function, although,
projects funded by government agencies may be exempted from this requirement; and
(2) provides for replacement of existing uses through wetland mitigation under U.S. Army Corps of Engineers
requirements, or as described in Subparagraphs (h)(1)-(7) and (9) of this Rule.
(e) The Director shall issue a certification upon determining that significant existing uses are not removed or
degraded by a discharge to wetlands of exceptional state or national ecological significance including but not limited
to Class UWL wetlands, and wetlands that have been documented to the satisfaction of the Director as habitat
essential for the conservation of state or federally listed threatened or endangered species, provided that the wetlands
have been so classified or designated prior to the date of application for certification or a draft environmental impact
statement has been submitted to the Director, for an activity which satisfies Subparagraphs (c)(2)-(5) and (d)(1)-(2)
and:
(1) the wetland impacts are necessary for the proposed project to meet a demonstrated public need; and
(2) provides for replacement of existing uses through wetland mitigation under U.S. Army Corps of Engineers
requirements, or as described in Subparagraphs (h)(1)-(7) and (10) of this Rule.
(f) A lack of practical alternatives may be shown by demonstrating that, considering the potential for a reduction
in size, configuration or density of the proposed activity and all alternative designs the basic project purpose cannot
be practically accomplished in a manner which would avoid or result in less adverse impact to surface waters or
wetlands.
(g) Minimization of impacts may be demonstrated by showing that the surface waters or wetlands are able to
continue to support the existing uses after project completion, or that the impacts are required due to:
(1) The spatial and dimensional requirements of the project; or
(2) The location of any existing structural or natural features that may dictate the placement or configuration
of the proposed project; or
(3) The purpose of the project and how the purpose relates to placement, configuration or density.
(h) Replacement or mitigation of unavoidable losses of existing uses shall be reviewed in accordance with the
following guidelines:
(1) The Director shall coordinate mitigation requirements with other permitting agencies that are requiring
mitigation for a specific project. Mitigation required by the U.S. Army Corps of Engineers shall be
considered to constitute the mitigation required by the certification unless the Director determines that the
mitigation proposal does not meet the criteria established in Subparagraph (6) of this Paragraph.
(2) Mitigation shall not be required for impacts to Class WL wetlands of less than one acre.
(3) Participation in wetland restoration programs coordinated by the Department of Environmental, Health,
and Natural Resources shall be preferred to individual project mitigation whenever the Director finds that
such participation is available and satisfies the other requirements of this Paragraph, unless the applicant
can demonstrate that participation in these restoration programs is not practical. Mitigation sites approved
by the U.S. Army Corps of Engineers shall be deemed to be consistent with the Department's restoration
plan.
(4) Acceptable methods of wetlands mitigation are listed below in the order of preference:
(A) Restoration: the re-establishment of wetland hydrology and vegetation in an area where it
previously existed.
(B) Creation: the construction of a wetland in an area where wetlands did not exist in the recent past.
(C) Enhancement: increasing one or more of the functions of an existing wetland by manipulation of
vegetation or hydrology.
(D) Preservation: protection of wetlands through purchase, donation or conveyance of a conservation
easement to an appropriate government or non-profit agency for management.
(5) Restoration is the preferred method of wetlands mitigation. The other methods may be utilized if the
applicant can demonstrate that restoration is not practical or that the proposed alternative is the most
1Vf)RTH CAROLINA ADMINISTRATIVE CODE 10115196 Page 4
ecologically viable method of replacing the lost functions and values.
(6) All mitigation proposals shall provide for the replacement of wetland acres lost due to the proposed
activity at a minimum of a 1:1 ratio through restoration or creation prior to utilizing enhancement or
preservation to satisfy the mitigation requirements, unless the Director determines that the public good
would be better served by other types of mitigation.
(7) Wetlands mitigation shall be conducted based on the following ratios (acres mitigated to acres loss); 4:1,
for wetlands located within 150 feet of the mean high water line or normal water level of any perennial
or intermittent water body as shown by the most recently published version of the United States
Geological survey 1:24,000 (7.5 minute) scale topographical map; 2:1, for wetlands located between 150
feet and 1,000 feet from the mean high water line or normal water level of any perennial or intermittent
water body as shown by the most recently published version of the United States Geological Survey
1:24,000 (7.5 minute) scale topographical map; and 1:1, for all other wetlands. For linear projects which
impact less than 3 acres of wetlands the ratio shall be 2:1 regardless of the distance from surface waters.
The above ratios apply only to restoration. The acres of required mitigation for the other types of
mitigation shall be determined by multiplying the above ratios by 1.5 for creation, 2 for enhancement,
and 5 for preservation. The above ratios do not apply to approved mitigation sites where the state and
federal review agencies have approved credit/debit ratios. This Subparagraph shall not apply to general
certifications until the Department has established a wetlands restoration program or until January 1, 1997,
whichever occurs first.
(8) Mitigation for impacts to wetlands designated in Paragraph (c) of this Rule shall be conducted within the
same river basin and physiographic province when practical. Unavoidable losses of wetlands adjacent to
waters classified as WS-III shall be replaced within the water supply watershed when practical.
(9) Mitigation for impacts to wetlands designated in Paragraph (d) of this Rule shall be of the same wetland
type and located within the same river sub-basin when practical. Mitigation for impacts to wetlands
adjacent to waters classified as WS-I or WS-II shall be replaced within the water supply watershed when
practical.
(10) Mitigation for impacts to wetlands designated in Paragraph (e) of this Rule shall be of the same wetland
type and within the same watershed when practical.
(i) The Director shall not duplicate the site-specific application of any guidelines employed by the United State
Army Corps of Engineers in evaluating permit applications under 33 U.S.C. 1344 and applicable federal regulations.
History Note. Authority G.S. 143-215.3(a)(1), 143-2113(c), 143B-282(1)(u);
RRC Objection Eff. July 18, 1996 due to lack of staturory authority and ambiguity,
Eff.. October 1, 1996.
.0507 L&WANCE OF CERTIFICATION
(a) Tim Ludt for Final Action on Certification Application. All applications for certification shall be granted
or denied within 60 days after receipt at the offices of the Director in Raleigh, North Carolina. Failure to take final
action within 60 days shall result in a waiver of the certification requirement by the Director, unless:
(1) The applicant agrees, in writing, to a longer period;
(2) Final decision is to be made pursuant to a public hearing;
(3) Applicant fails to furnish information necessary to the Director's decision;
(4) Applicant refuses the staff access to its records or premises for the purpose of gathering information
necessary to the Director's decision or,
(5) Information necessary to the Director's decision is unavailable.
(17 W- Final-Action-on-Certification-°AppHcation°Aiier-Hearing: -All applications for certific?ifibe
shall- be-granted-ordeaierl-within 6Q"days aftei public fieaiing. silittt.3 take4final action wVA 60 days shall
resul?i1Mwar'?ier of-r'mtfcah? 'regmnment-by-tlieirector unless applicant otherwise agrees in writing;
o _unless Subpaaagrrph (a)(3), (4), or (5) of this Rule shall apply:~?k
(c) Conditions of Certification. Any certification issued pursuant to this Rule may contain such conditions as
the Director shall deem necessary to insure compliance with Sections 301, 302, 303, 306, and 307 of the Federal
Water Pollution Control Act Amendments.
(d) Modification or Revocation of Certification
(1) Any certification issued pursuant to this Rule shall be subject to revocation or modification for violation
of conditions of 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act Amendments.
(2) Any certification issued pursuant to this Rule shall be subject to revocation or modification upon a
determination that information contained in the application or presented in support thereof is incorrect or
NORTH CAROLINA ADMMS77ZA77VE CODE 10115196 Page 5
{
EIM - ENVIRONMENTAL MANAGEMENT T15A: 02H.0500
if conditions under which the certification was made have changed.
(e) Notification of Unapproved Application. In the event that the Director denies the application for certification
or for any reason is unable to approve the application, the Director shall so notify the applicant by certified or
rem mail, return receipt requested, specifying in such notification the reasons for the denial or inability to
approve; and a copy of the notification shall be mailed to the appropriate federal licensing or permitting agency and
EPA.
History Note. Statutory Authority G.S. 143-215.3(a)(I), 143-215.3(c); 143B-282(1)(u),
Eff.. February 1, 1976;
Amended Eff. July 1, 1988; December 1, 1984;
RRC Objection E„f: July 18, 1996 due to lack of statutory authority and ambiguity;
Recodifed from 15A NCAC 2H. 0504 E„f`: October 1, 1996;
Awwded Eff. October 1, 1996
1000 copies of this document were printed at a cost of $ 181.80 or $ .18 per copy
NORTH CAROLINA ADMINISTRATIVE CODE 10115196 Page 6
1

North State Legal Services
114 West Corbin Street
PO Box 670
Hillsborough, NC 27278
[phone]/Fax: (919) 644
Brenda Ford Harding
Program Director
VIA FAX [phone] & MAIL
Mr. John Dorney
Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27607
Re: DWQ Project 970972
Anson County
Dear Mr. Dorney:
? f
June 30, 1999 ?
1-800-672-5834
Toll-free Number

We understand that a public hearing has been scheduled for July 13, two weeks from yesterday.
Attached is a copy of the letter we sent to you in April. We have yet to receive a copy of the
report submitted by Chambers in response to your December 17, 1998 letter to Chambers.
Most importantly, however, despite repeated requests, no one has received a copy of the draft
permit, even though a hearing for public comment has been set for over two weeks. As you
know, it is impossible to prepare for a hearing, or get experts to review a proposed permit,
without a draft in hand to review.
We are extremely concerned about this issue. We ask that you send a copy of the draft permit to
us, that you provide a copy for citizens to review, and that you re-schedule the hearing to allow
the fu1130 days to review and prepare for the hearing, as the notice requirements provide. At the
absolute minimum, the comment period should be extended until at least 30 days after the
hearing to allow us the opportunity to review the permits and submit comments to your agency.
Finally, please follow up on our earlier request regarding a copy of the staff report.
Please contact either of us as soon as possible about these matters.
Sincerely,
Melan arnhardt Breen
Attorney at Law
cc: Jim Coffey
Sincerely,
John D. Runkle
Attorney at Law
Private Co-counsel
[phone]

A Legal Services of North Carolina Program
Service Alamance, Anson, Caswell, Chatham, Moore, Orange and Richmond Counties

North State Legal Services
114 West Corbin Street
PO Box 670
Hillsborough, NC 27278
[phone]/Fax: [phone]
Brenda Ford Harding
Program Director
April 12, 1999
VIA FAX [phone] & MAIL
Mr. John Dorney
Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27607
Re: DWQ Project 970972
Anson County
Dear Mr. Dorney:
WIF-11Y
1-800-672-5834
Toll-free Number
To follow up on our conversation earlier today, I appreciate you agreeing to send me a copy of
the report submitted by Chambers in response to you December 17, 1998 letter to Chambers. I
neglected to inquire as to whether a draft permit has yet been issued. If so, please send a copy to
me and John Runkle. If not, please let me know as soon as it is issued.
I understand that the staff report is not yet complete. Can you please let me know as soon as that
is available.
As you know, in order to effectively respond to DWQ and prepare for the upcoming hearing, Mr.
Runkle and I need copies of both the draft permit and the staff report regarding the draft permit
and/or application therefor.
Please let me know if there are any problems with this request. Thanks for your prompt and
courteous attention.
Sincerely,
ltylE !hardt Breen
Attorney at Law
cc: John Runkle
A Legal Services of North Carolina Program
Service Alamance, Anson, Caswell, Chatham, Moore, Orange and Richmond Counties