HomeMy WebLinkAboutRequest for Additional Information, Lot 98, Mitchell County (DWR #20231304)1
Winston, Joey
From:Winston, Joey
Sent:Friday, November 3, 2023 9:35 AM
To:Mike Gunter
Cc:Brandee.C.Boggs@usace.army.mil; Leslie, Andrea J
Subject:Request for Additional Information, Lot 98, Mitchell County (DWR #20231304)
Mr. Gunter,
On September 19, 2023, the Division of Water Resources (Division) received your applicaƟon requesƟng a 401 Water
Quality CerƟficaƟon from the Division for the subject project. The Division has determined that your applicaƟon is
incomplete and cannot be processed. The applicaƟon is on‐hold unƟl all of the following informaƟon is received:
1. The applicaƟon does not include plans that depict the impacts to surface waters. The applicaƟon is for exisƟng
impacts conducted prior to approval and for the proposed installaƟon of a concrete basin at the convergence of
the culverts. Please provide plans that include all proposed impacts, with dimensions, and the locaƟon of all
surface water features so the Division can fully evaluate any potenƟal impacts to water quality. [15A NCAC 02H
.0502(a)(9); 15A NCAC 02H .0506(b)(2)]
2. During a site inspecƟon conducted on May 31, 2023, hydric soils and vegetaƟon were observed on the southern
and eastern porƟons of the property. Please verify with the US Army Corps of Engineers that all jurisdicƟonal
features have been idenƟfied and forward confirmaƟon to the Division. The Corps contact for Mitchell County is
Brandee Boggs (brandee.c.boggs@usace.army.mil, 828‐271‐7980, ext. 4224). [15A NCAC 02H .0502(a)(9); 15A
NCAC 02H .0506(b)(2)]
3. Please revise impact measurements to accurately reflect total completed and proposed impacts. During a site
inspecƟon conducted on May 31, 2023, staff measured 127 linear feet of Silver Run and 61 linear feet of the
unnamed tributary (UT1) of Silver Run were placed within culverts. These measurements do not include areas
excavated at either end of the culverts or the areas proposed for the installaƟon of a concrete basin, meaning
the revised measurements should be higher than those measured during the site inspecƟon. [15A NCAC 02H
.0502(a)(4); 15A NCAC 02H .0502(a)(9)]
4. The US Army Corps of Engineers determines whether a project is a single and complete project or part of a
larger common plan of development. Please verify with the Corps the nature of this project with respect to the
larger subdivision and forward confirmaƟon to the Division. This will determine whether previous impacts within
the subdivision will be included with the impacts from this project towards the compensatory miƟgaƟon
threshold. The Corps contact for Mitchell County is Brandee Boggs (brandee.c.boggs@usace.army.mil, 828‐271‐
7980, ext. 4224). [15A NCAC 02H .0502(a)(4); 15A NCAC 02H .0506(b)(4); 15A NCAC 02H .0506(c)(4)]
5. Applicants must demonstrate that the proposed acƟviƟes have avoided and minimized impacts to surface
waters and wetlands. The stated purpose of this project is the construcƟon of a house and driveway. However,
the streams on the property have been placed in culverts from property line to property line, impacƟng the
enƟre length of streams on the property. Please provide jusƟficaƟon for these impacts and explain why impacts
cannot be reduced, including a discussion of why streams must be culverted outside of the footprint of the
house and driveway. [15A NCAC 02H .0506(b)(1)]
Pursuant to Title 15A NCAC 02H .0502(c), the applicant shall furnish all of the above requested informaƟon for the
proper consideraƟon of the applicaƟon. Please provide your response by December 1, 2023. If all of the requested
informaƟon is not received, the Division will be unable to approve the applicaƟon and it will be denied as incomplete.
2
The denial of this project will necessitate reapplicaƟon to the Division for approval, including a complete applicaƟon
package and appropriate fee.
Please let me know if you have any quesƟons.
Regards,
Joey
Joey Winston
Environmental Specialist II, Division of Water Resources
North Carolina Department of Environmental Quality
Office: (828) 296‐4685 | Cell: (828) 785‐9171
joey.winston@deq.nc.gov