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HomeMy WebLinkAbout19930818 Ver 2_More Info Letter_20061106a~~F WAT~~Q~ Michael F. Easley, Governor ' ~ .,~ William G. Ross Jr ,Secretary r North Carolina Department of Environment and Natural Resources J ~ (] -~ Alan W. Klimek, P.E. Director Division of Water Quality November 6, 2006 DWQ Project # 1993-0818v.2 Wake County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Wake County Department of Environmental Services Solid Waste Division Attn: Mr. James Reynolds, Director PO Box 550 Raleigh, NC 27602 Subject Property: South Wake Municipal Solid Waste Landfill, Holly Springs, NC Little Branch [030607, 18-7-6-1-1, C] REQUEST FOR MORE INFORMATION Dear Mr. Reynolds: On October 23, 2006, the Division of Water Quality (DWQ) received your application dated September 7, 2006 to impact 6.73 acres of 404 jurisdictional wetlands, 0.15 acres of isolated wetlands, 373 linear feet of perennial streams, and 3,125 linear feet of intermittent streams to construct the proposed solid waste landfill. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Please note that the North Carolina General Assembly (both House and Senate) approved Bill 5353 (Landfill Moratorium and Studies) which was signed into law on August 14, 2006. This legislation placed atwelve-month moratorium on the consideration of permit applications and issuance of permits for the construction of new landfills from August 1, 2006 until August 1, 2007. You should note that although we may continue to receive materials related to your application and include them with our file for this project, a 401 Water Quality Certification cannot be formally processed until this issue is resolved. We expect to receive further direction from the NC Attorney General's office after August 1, 2007, advising as to how we may proceed with applications for new landfills. Until that time, you should note that this application will remain on hold. 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 /Internet: httl>_%%rlt?t~.e~rrstate_nc.us/nc~~ethn~s Noe Carolina ~~urallr~ An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Wake County Page 2 of 2 November 6, 2006 2. In your Individual Permit (IP) application, you are proposing impacts of 3,125 linear feet of intermittent streams. Please provide documentation from a DWQ representative that the streams are determined to be intermittent or perennial. 3. Please provide documentation from the NC Ecosystem Enhancement Program indicating their willingness to accept your request to purchase wetland mitigation credit to mitigate for the proposed riparian wetland impacts listed in your IP application. Please contact the DWQ within three weeks of the date of this letter to verify that you have received this letter and that you remain interested in continuing to pursue permitting of your project and will be providing the DWQ the requested information at a later date. Please contact Cyndi Karoly in writing and Eric Kulz of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Ms. Amy Chapman at 919-733- 1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, !~ Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBKlasc cc: Eric Kulz, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy Central Files Filename: 930818v2South WakeLandfill(Wake)On_Hold