20180612 Ver 2_Correspondence to USACE_20200218

Strickland, Bev
From: Homewood, Sue
Sent: Tuesday, February 18, 2020 10:01 AM
To: McLendon, C S CIV USARMY CESAW (USA)
Cc: Wojoski, Paul A; Brown, David W SAW
Subject: Western Carolina University Master Plan Improvements USACE# SAW-2015-00263,
DWR#20180612 v2
Attachments: 20180612 v2_More Info Requested_20200217.pdf
Chief McLendon,
On January 10, 2020, DWR received an application from Western Carolina University (WCU) for an modified
Individual 401 Water Quality Certification for WCU Master Plan Improvements Project. DWR requests your
written concurrence that a reasonable period of time for consideration of the WCU 401 application is 60 days
from receipt of a complete and adequate response to an additional information request sent to WCU by DWR on
February 17, 2020 (attached). In support of this request we direct your attention to the following
considerations:
Unique or Complex Site Conditions. This project has the potential to have cumulative impacts which
could result in degradation of downstream waters when considered with other ongoing projects within
the same vicinity and waershed which are documented to have caused water quality violations. The
Division requires additional information to determine the extent of these impacts and to incorporate
them into the final 401 approval. Pursuant to 15A NCAC 02H.0506(a) a 401 Water Quality Certification
may only be issued upon determining that existing uses are not removed or degraded by a discharge to
classified surface waters. The potential cumulative impacts must be further reviewed and analyzed prior
to issuance of a 401 certification.
• Pending information request: The Division has sent a request for additional information to the WCU on
February 17, 2020. The Division is unable to complete its review until a complete and adequate
response to this request is received.
By making this request, DWR does not waive its right to determine that additional information or time is
necessary to process the application. Further, DWR does not waive its right to contest the legality of the Corps'
August 7, 2019 Regulatory Guidance Letter, Corps regulations implementing section 401 of the Clean Water Act,
or any actions taken by the Corps pursuant thereto.
We respectfully request that you provide your written concurrence within five (5) days
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
Sue. [e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105

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ROY 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-mineralland 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
�DKQ> North Carolina Department of Environmental Quality I Division of Water Resources
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512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
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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 [phone] or [e-mail]. [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 Pncdenr.eov 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