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HomeMy WebLinkAboutApplication Return Letter for Garrison Blvd Ext BIMS20220317 DocuSign Envelope ID: B7A03EDE-3C7A-4959-908C-24A5F9E83215 sin
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ROY COOPER n
Governor o -47.1 o
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ELIZABETH S.BISER , -4411f.I1,
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
May 16, 2022
CERTIFIED MAIL:
RETURN RECEIPT REQUESTED
Garrison Road Holding,LLC
Mr. Steve McCraney,Principal
189 S Orange Avenue Suite 1170
Orlando FL 32801
Mr.Anthony Parker
McCraney Property Company
421 Penman Street Ste 201
Charlotte,NC 28203
Subject: Return of Application for 401 Water Quality Certification,BIMS No.20220317
Garrison Road Extension,Mecklenburg County
Garrison Road Extension [Catawba River Basin,Mountain Island Lake-Catawba River
sub basin, 11-126-1,Class C]
Dear Mr.McCraney:
The Division of Water Resources(DWR)has reviewed your submittal for a 401 Water Quality Certification for the
aforementioned project and found it lacking. Initial PCN submittal was received on March 1,2022 and a request for
additional information was sent April 12,2022.A site visit was performed with interested parties on April 25,2022
to address inadequate information presented in the PCN. The meeting produced a lengthy list of requirements that
could not be completed during the 30 day time line.
Therefore,pursuant to 15A NCAC 2H.0507(a)(3),we are denying the permit application. Furthermore,until the
information is received by the NC Division of Water Resources,we request(by copy of this letter)that the US Army
Corps of Engineers place the permit application on hold. When preparing for resubmittal please address the
following areas listed in the additional information request:
• This project proposes another impact to a stream reserved as mitigation source for other stream impacts
in the area by NC DEQ Mitigation.At the time of PCN submittal,no impacts have been approved to this
stream or associated buffers,which are in one of the parcels owned by the applicant and slated for
industrial development,nor has the request appeared or is scheduled to appear in front of the
Interagency Review Team(IRT),which is required.
• McCraney Property Company,applicant,is not listed with the Secretary of State in North Carolina to do
business in the State of North Carolina.Please submit an application where the applicant business is
registered to do business in the State of North Carolina.Garrison Road Holding,LLC is properly
registered but was not used as the applicant.
• Provide documentation for why a bridge is not a feasible alternative
• Culvert design of 5 barrels does not mimic natural stream flow with more potential to degrade stream.A
larger culvert box design with fewer barrels should be instituted.
-ivi"- -
vrr�.�{•
), North Carolina Department of Environmental Quality Division of Water Resources
errr 512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: B7A03EDE-3C7A-4959-908C-24A5F9E83215
Garrison Road Holding,LLC
DWR#20220317
Notification of Application Return for
401 Water Quality Certification
Page 2 of 3
• Please submit plans that show the entirety of the project,which includes industrial development.
• Provide detailed analysis of all alternate alignments considered so that all alignments can be considered
and the least environmentally damaging(LEDPA)can be selected
• Provide documentation from the USACE for acceptable purpose and need as well as logical termini.
• Provide official documentation that the stormwater plan has been reviewed and approved by the
appropriate delegated program.(City of Charlotte)
• Provide proper phasing for the entire project,which encompasses numerous developments
• Provide official approval of plans for any parts of the project that are to be assumed by NC DOT,more
specifically approval for all hydraulic crossings
• Provide Indirect and Cumulative Impact Analysis for the entire project,which is a large
commercial/residential development and not just the small piece of roadway
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty(60)days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm,except
for official state holidays. The original and one(1)copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five(5)business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Telephone: (919)431-3000,Facsimile: (919)431-3100
A copy of the petition must also be served on DEQ as follows:
Mr.Bill F.Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions,please contact Donna Hood at(704)235-2193 or donna.hood@ncdenr.gov
Sincerely,
�Docc�ulSiigned by:
, C.AnApinzi.n,
9C9886312DCD474...
Richard Rogers,Jr.,Director
Division of Water Resources
. . E ,), North Carolina Department of Environmental Quality Division of Water Resources
aw= :=.I-,Y � 512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: B7A03EDE-3C7A-4959-908C-24A5F9E83215
Garrison Road Holding,LLC
DWR#20220317
Notification of Application Return for
401 Water Quality Certification
Page 3 of 3
Electronic copy only distribution:
Edward Hajnos,DEQ Stewardship Program Coordinator
Kelly Phillips,Division of Mitigation Services
Jennifer Robertson,Atlas Environmental,Inc.
Scott Jones,USACE Asheville Regulatory Field Office
Rebekah Reid,US Fish and Wildlife Service
David McHenry,NC Wildlife Commission
DWR Transportation 401 &Buffer Permitting Branch file
Donna Hood,Mooresville Regional Office
. . E ,), North Carolina Department of Environmental Quality Division of Water Resources
aw= :=.I-,Y � 512 North Salisbury Street 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000