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HomeMy WebLinkAbout20180612 Ver 2_More Info Requested_20200217ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Western Carolina University Attn: Mr. Joe Walker 3476 Old Cullowhee Rd Cullowhee, NC 28723 NORTH CAROLINA Environmental Quality February 17, 2020 DW R # 20180612 v2 Jackson County Subject: REQUEST FOR ADDITIONAL INFORMATION Western Carolina University 2014 Master Plan Improvements Modification Dear Mr. Walker: On January 10, 2020, the Division of Water Resources — Water Quality Programs (Division) received your application requesting a 401 Individual Water Quality Certification from the Division for your 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. Please provide a signed application form. If the application is not signed by the owner/ applicant, please provide an agent authorization letter delegating signature authority. [15A NCAC 02H .0506(f)] 2. If the U.S. Army Corps of Engineers 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. [15A NCAC 02H .0502(c)] Since the project areas are not within the permitting authority of the State DEMLR's Stormwater Program (or any other delegated local programs), our 401 & Buffer Permitting Unit will be responsible for reviewing the proposed stormwater management plan that is proposed for the new parking area. Please provide a completed Stormwater Management Plan including all appropriate supplemental forms, C&M agreements, calculations, drawings, etc., that complies with the requirements of the State Stormwater Program. The Stormwater Design Manual and applicable forms may be found on the DEMLR's website at https://deg.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral land permit guidance/stormwater-bmp-manual. Please also submit the application form SWU-101 (attached), however, the last two signature pages of this form may be omitted. The SMP package should be mailed to our 401 Stormwater Engineer, Chonticha McDaniel at the address North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh. North Carolina 27699-1617 919,707.9000 Western Carolina University DWR#20180612 v2 Request for Additional Information Page 2 of 3 listed below and if there are any questions regarding the SMP, please feel free to contact her directly at (919) 807-6379 or chonticha.mcdaniel@ncdenr.sov. [15A NCAC 02H .0506(b)(5) and (c)(5)] Via USPS ATTN: Chonticha McDaniel (DWR-401&Buffer Permitting) 1617 Mail Service Center, Raleigh, North Carolina, 27699-1617 Via other carriers (Fedex, UPS, etc.) ATTN: Chonticha McDaniel (DWR-401&Buffer Permitting) 512 N. Salisbury St, 9" Floor, Raleigh, North Carolina, 27604 4. Issuance of a water quality certification for a proposed project requires the Division to determine that the project will not result in the degradation of surface waters and does not result in cumulative impacts that cause or will cause a violation of downstream water quality standards. On June 19, 2019, July 31, 2019, November 4, 2019, and January 21, 2020, the Division issued a Notice of Violation for stream standard violations to Western Carolina University and Zimmer Development Company, LLC for the WCU Millennial Campus Apartments project, which also drains to the same portion of Cullowhee Creek as this project will. On November 6, 2019, the Division issued an Assessment of Civil Penalties to Western Carolina University and Zimmer Development Company, LLC for the WCU Millennial Campus Apartments project. The Division is concerned that a second land disturbing activity directly adjacent to a portion of Cullowhee Creek that is currently impacted from upstream activities under unresolved Notice of Violations would place the stream under risk for cumulative effects which would have the potential to result in degradation of water quality standards. Please provide an overview of the current status of resolution of the violations noted on the WCU Millennial Campus Apartments project, and an overview of the sediment and erosion control measures you plan to implement on this proposed project to ensure water quality protection during precipitation events. [15A NCAC 02B .0506(3) and (4)] Pursuant to Title 15A NCAC 02H .0502(e), 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.deg.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. Western Carolina University DWR#20180612 v2 Request for Additional Information Page 3 of 3 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. 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: Clement Riddle, ClearWater Environmental Consultants (via email) David Brown, USACE Asheville Regulatory Field Office (via email) Andrea Leslie, NCWRC (via email) Byron Hamstead, USFS (via email) DWR ARO 401 files DWR 401 & Buffer Permitting Unit