20061135 Ver 2_PN comments to USACE_20220908

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

September 8, 2022

Corps Action ID# SAW-2021-00933
DWR# 20061135 v2
Granville County

April Norton
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office

Delivered via email to: [e-mail]

Subject Project: Oxford Park Subdivision

Dear Ms. Norton:

On behalf of the NC Division of Water Resources, we respectfully request that you consider the
following comments within your review of the 404 Individual Permit request for the above referenced
project:
1. The applicant has stated that the project purpose is to complete construction of the Oxford Park
PUD. This statement appears to pre-emptively disqualify a thorough alternatives analysis. The
Division is concerned that approval of such a purpose and need statement would indicate that a
project with an expired permit would provide a level of protection against review under current
rules and regulations during reapplication.
2. The applicant states that a site must be 400 acres in size, however they do not provide any
justification or financial information to support this minimum size as a site selection criteria.
3. The applicant has developed site selection criteria which appears to prematurely favor their
preferred alternative. For example, the requirement to be within appropriate zoning, have on-
site access to potable water and sanitary sewer, and be within the corporate City Limits of
Oxford. These site criteria did not exist prior to the planning phases of this project and were
provided to this site in expectation of this project. The same provisions could be provided to a
proposed alternative site. In addition, the criteria for location within 5 miles of retail, healthcare
and interstate is not explained or justified.
4. The Division is unable to complete a review of the project for compliance with 15A NCAC 02H
.0506 at this time. The Division has requested additional technical information from the
DocuSign Envelope ID: CF98EE1E-2B78-4F9F-83CB-4CFE747AF195

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

Corps Action ID# SAW-2018-01250
DWR# 20191445v3
Harnett County
Page 2 of 2

applicant and requests that the USACE also consider the attached letter during the review of the
application.
Thank you for your considering the Division’s comments during your review of this Individual Permit. If
you have any questions, please contact Sue Homewood at 336-776-9693 or
[e-mail].

Sincerely,

Paul Wojoski, Supervisor
401 & Buffer Permitting Unit

Enclosure: Request for Additional Information Letter from DWR to Mr. John Bode
(DWR#20061135v2, dated September 8, 222)

Electronic cc: Deborah Shirley, S&EC
DWR RRO
DWR 401 & Buffer Permitting Branch file

Filename: 20061135v2 OxfordParkSD_Granville-PN Comments to USACE.docx

DocuSign Envelope ID: CF98EE1E-2B78-4F9F-83CB-4CFE747AF195

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

September 8, 2022

DWR # 20061135v2
Granville County

Mr. John Bode
2518 White Oak Rd
Raleigh NC 27609

Delivered via email to: [e-mail]

Subject: REQUEST FOR ADDITIONAL INFORMATION
Oxford Park Residential Subdivision

Dear Mr. Bode:

On August 1, 2022, the Division of Water Resources (Division) received your application requesting an
Individual Water Quality Certification and Tar Pamlico Buffer Authorization from the Division for the
subject project. The Division has determined that your application is incomplete and cannot be
processed. The application is on-hold until all of the following information is received:
1. If the U.S. Army Corps of Engineers (USACE) requests a response to any comments received as a
result of the Public Notice, please provide the Division with a copy of your response to the USACE.
2. In order to ensure that the project is appropriately authorized under state regulations please
provide documentation that the Approved Jurisdictional Determination for the excluded streams
and wetlands within the project is still valid.
3. In order to adequately assess DWR stream mitigation requirements for the proposed project, please
provide DWR stream forms to support the determinations.
4. Pursuant to 15A NCAC 02H .01305(b) “In assessing whether the proposed activity will comply with
water quality standards, the Division shall evaluate if the proposed activity: (1) has avoided and
minimized impacts to surface water and wetlands….”. You have provided an Onsite Alternative Site
Plan with a statement that the preferred alternative plan includes road crossings located on the
stream features that separate upland area within the project boundaries and therefore impacts re
necessary. This information does not adequately document that the proposed plan has avoided and
minimized impacts to the maximum extent. Please provide more detailed information regarding the
limited use of bridges within the proposed project and why further modifications within the project
are not feasible to further reduce impacts (for example, shifting the roadway to avoid Crossing 12,
relocating the future water tank so crossing #21 is not necessary, shifting crossing #6 to avoid
wetland impacts, locating the road within the break in jurisdiction on Stream J).
DocuSign Envelope ID: CF98EE1E-2B78-4F9F-83CB-4CFE747AF195

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

Mr. John Bode
DWR# 20061135v2
Request for Additional Information
Page 2 of 3

5. The application states that a Stormwater Management Plan will be required by DWR and that a
detailed stormwater management plan will be reviewed and approved by the City of Oxford. Please
clarify this discrepancy.
6. Pursuant to 15A NCAC 02H.0506(b) “a 401 Water Quality Certification may only be issued upon
determining that the proposed activity will comply with state water quality standards which includes
designated uses, numeric criteria, narrative criteria and the state’s antidegradation policy, as
defined in rules of 15A NCAC 02B .0200… In assessing whether the proposed activity will comply
with water quality standards, the Division shall evaluate if the proposed activity: (2) would cause or
contribute to a violation of water quality standards; (3) would result in secondary or cumulative
impacts that cause or contribute to, or will cause or contribute to, a violation of water quality
standards;” In order for the Division to fully evaluate potential hydrological impacts on some stream
and wetland features within the project limits, please provide the location of all outlet structures
from the SCMs shown on the proposed plan sheet. In order to avoid further requests for additional
information upon receipt of the response to this item, the Division strongly encourages that you
carefully evaluate the proposed site plan for locations where existing surface hydrology will be
redirected and would therefore have the potential to remove or reduce the existing functions of a
stream and/or wetland. Based on the current proposed plan the Division believes there is potential
for indirect impacts to some features within the overall project limits.
7. The outlet alignment of the culvert at Crossing #1 appears to be at an extreme angle with the
natural channel. The Division has significant concerns about the proposed alignment causing the
downstream streambank and channel to become unstable. Please realign the culvert or otherwise
address this issue.
8. The culvert at Crossing #1 is proposed at a 7.22% slope, Crossing #5 is proposed at a 3.37% slope,
and Crossing #8 is proposed at a 10.5% slope. The Division does not recommend culvert burial for
such slopes greater than 2.5% slope.
9. The outlet alignment of the culvert at Crossing #5 appears to be at an extreme angle with the
natural channel. The Division has significant concerns about the proposed alignment causing the
downstream streambank and channel to become unstable. Please realign the culvert or otherwise
address impacts this issue.
10. It appears that Crossing #5 and Crossing #21 will both disconnect a very small portion of the
tributary above the crossing in such a way that it is likely to remove it’s existing uses/functions. This
would constitute indirect impacts to this portion of stream for a loss of function. Please update the
impact table to account for this length of stream as indirect impacts or modify the crossing location
and plan sheets accordingly.
11. Stream X at Crossing #8 is proposed to be temporarily impacted. Please provide a restoration
plan/profile showing how this channel will be restored upon construction completion.
12. Please provide stream and wetland restoration details for all temporary impact areas.
DocuSign Envelope ID: CF98EE1E-2B78-4F9F-83CB-4CFE747AF195

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

Mr. John Bode
DWR# 20061135v2
Request for Additional Information
Page 3 of 3

13. You have proposed that riprap aprons are to be considered permanent impacts but are proposed to
not be considered a loss of stream function and therefore will not require mitigation. For all riprap
aprons that are proposed to be significantly wider than the natural stream channel width, please
provide additional restoration detail that indicate how the natural channel width and water depth
will be maintained within the riprap pad and how natural stream function will be maintained.

Pursuant to Title 15A NCAC 02H .0502(e) / 15A NCAC 02B .0611, 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.deq.nc.gov/Forms/Supplemental-Information-Form (note 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 denied as incomplete. The denial of this
project will necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.

Please be aware that you have no authorization under the Section 401 of the Clean Water Act or the
Tar-Pamlico Buffer Rules 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 Sue Homewood at 336-776-9693 or [e-mail] if you have any
questions or concerns.

Sincerely,

Paul Wojoski, Supervisor
401 & Buffer Permitting Branch

Electronic cc: Deborah Shirley, S&EC
April Norton, USACE Raleigh Regulatory Field Office
Gabriela Garrison, NCWRC
DWR 401 & Buffer Permitting Branch file

Filename: 20061135v2_OxfordParkSD_Granville_IP_addinfo.docx

DocuSign Envelope ID: CF98EE1E-2B78-4F9F-83CB-4CFE747AF195