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Home My WebLink AboutApplication Return Letter for Garrison Blvd Ext BIMS20220317 DocuSign Envelope ID: B7A03EDE-3C7A-4959-908C-24A5F9E83215 sin ow sTATF,or A'CJ ROY COOPER n Governor o -47.1 o • 2 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