HomeMy WebLinkAbout20190289 Ver 1_More Info Requested_20191104ROY COOPER
Governor
MICHAEL S. REGAN
secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environments! Quality
November 4, 2019
DWR # 20190289
Guilford County
Publix Super Markets Inc.
Attn: Randy Barber
501 North Galloway
Lakeland FL 33815
Subject: REQUEST FOR ADDITIONAL INFORMATION
Publix Distribution Center
Dear Mr. Barber:
On March 5, 2019, the Division of Water Resources —Water Quality Programs (Division) received your
application dated February 15, 2019, requesting an Individual Water Quality Certification and a Jordan
Lake Buffer Authorization from the Division for your project. On August 16, 2019 the Division received
additional information from Timmons Group on your behalf in response to a request issued on March
28, 2019. On October 7, 2019 the Division received additional information from Timmons Group on
your behalf in response to a request issued on September 19, 2019. The Division has determined that
your application remains incomplete and cannot be processed. The application is on -hold until all of
the following information is received:
1. The Division appreciates your response received on October 7, 2019, however; we continue to
have concerns regarding indirect impacts from the project site which would result in the loss of
hydrology and function in down -gradient channels and wetlands. Please provide specific data,
modeling, and/or documentation to support the following statements in your October 7, 2019
response. [15A NCAC 02H .0506(b)(4)]
a. Impact W39: 'An additional3,461 sf of Wetland W6 has been accounted for as a
secondary impact. The remaining portion of W6... will remain hydrated from post
construction contours that would create laminar flow downslope into Wetland W6..."
Please provide a detailed explanation or calculations to support your determination that
only an additional 3,461 sf of Wetland W6 would be indirectly impacted. Please provide
a detailed analysis of pre -construction watershed size and post -construction watershed
North Carollna Department of Environmental Quality I Division of Water Resources
_ �� 512 North Salisbury Street 1 1617 Mall Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
Publix Super Markets Inc.
DWR# 20190289
Request for Additional Information
Page 2 of 3
size at various points within Wetland W6. Please note that the Division agrees with your
statement that roadside drainage will support hydrology within stream H down -gradient
of Wetland W6.
b. Impact S3: "An additional 31 If of Stream SI has been proposed as a secondary impact."
Please provide a detailed explanation or calculations to support your determination that
only an additional 31 If of Stream S1 would be indirectly impacted. Please provide a
detailed analysis of pre -construction watershed size and post -construction watershed
size and various points within Stream S1. The Division does not agree that the
remainder of Stream S1 will maintain hydrology and function solely as a result of being
located within a FEMA Floodplain and Floodway as infrequent flooding events would not
be sufficient to support the existing use/function of the stream.
c. Impact W10: "While we agree that a portion of the contributing drainage basin to
Stream I is cut off by the proposed improvements, there is still a significant portion of the
contributing basin between the project and the stream and south of the stream which
will remain." Please provide a detailed analysis of pre -construction watershed size and
post -construction watershed size and at various points within Stream I to support your
statement.
Pursuant to Title 15A NCAC 02H .0502(e) and 15A NCAC 02B .0267, 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 submitting all of the above requested information
through this link: https://edocs.deg.nc.goy/Forms/Supplemental-Information-Form (note the DWR#
requested on the link is referenced above) OR 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.
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 returned. The return 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 Water quality Certification 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.
Publix Super Markets Inc.
DWR# 20190289
Request for Additional Information
Page 3 of 3
Please contact Sue Homewood at 336-776-9693 or Sue. Homewood@ncdenr.gov if you have any
questions or concerns.
Sincerely,
Mac Haupt, Acting Supervisor
401 & Buffer Permitting Branch
cc: Brian Breissinger, Timmons Group (via email)
Phil Harris III, NCDOT (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
Olivia Munzer, NCWRC (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit