20091159 Ver 1_More Info Letter_20091123

ILF-KXJ
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 23, 2009
DWQ# 09-1159
Davie County
CERTIFIED MAIL: 7008 1140 0003 8505 5287
RETURN RECEIPT REQUESTED
Mr. Chip Sisk
Concept Developments Inc
150 Enterprise Way
Mocksville, NC 27028
Re: Section 401 Water Quality Certification application
Dear Mr. Sisk:
On October 29, 2009, the North Carolina Division of Water Quality (Division) received your application for a
401 General Water Quality Certification to impact 211 linear feet of streams to install a road and sewer lines to
serve the Hollingsworth Companies ND-156 and ND-157 sites in Mocksville NC in Davie County. Additional
information is required in order that we may determine your project's compliance with 15A NCAC 2H .0500.
The Division will require this information in order to process your application to impact protected wetlands
and/or streams on the subject property. Therefore, we will place this project on hold as incomplete until we
receive this additional information, and if we do not receive the additional information requested below, we will
have to move toward denial of your application as required by 15A NCAC 2H .0506. Please provide the
following information so that we may continue to review your project.
On November 16, 2009, Sue Homewood from the Division conducted a site visit and performed
intermittent/perennial stream determinations. The stream identified as S l was determined to be a
perennial stream.
The owner (or future owners) should notify the Division (and other relevant agencies) of this decision in any
future correspondences concerning this property. This on-site determination shall expire five (5) years from
the date of this letter.
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] \ FAX: [phone] t Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer
NorthCarolina
Aaturallty
Chip Sisk
DWQ# 09-1159
November 23, 2009
Page 2 of 2
Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local
Authority that a surface water exists and that it is subject to the buffer rule may request a determination
by the Director. A request for a determination by the Director shall be referred to the Director in writing
c/o Cyndi Karoly, DWQ, 401 OversightlExpress Review Permitting Unit, 2321 Crabtree Blvd., Suite
250, Raleigh, NC 27604-2260. Individuals that dispute a determination by the Division or Delegated
Local Authority that "exempts" surface water from the buffer rule may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that
the 60-day statutory appeal time does not start until the affected party (including downstream and
adjacent landowners) is notified of this decision. Division recommends that the applicant conduct this
notification in order to be certain that third party appeals are made in a timely manner. To ask for a
hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes
to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
determination is final and binding unless you ask for a hearing within 60 days.
2. Please clarify if the sewer line can be realigned so that the sewer line can cross the stream at the
existing crossing just downstream of the proposed crossings. This must be analyzed as a step in
the Avoidance and Minimization process.
Please respond in writing within 30 calendar days of the date of this letter by submitting two copies of this
information; one copy should be submitted to Sue Homewood at the address on this letterhead, and one copy to
Ian McMillan N. C. Division of Water Quality, Wetlands/401 Certification Unit, 1650 Mail Service Center,
Raleigh, NC 27699-1650. If you will not be able to provide the requested information within that timeframe,
please provide written confirmation that you intend to provide the requested information, and include a specific
timetable delineating when the requested materials will be provided. If we do not hear from you in 30 calendar
days, we will assume that you no longer want to pursue this project and we will consider the project as returned.
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 Division. If you have any questions, please contact me at 336-771-4964 or
[e-mail].
Sincerely,

Sue Homewood
DWQ Winston-Salem Regional Office
cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
E.J. Baksa Jr., Land Development Solutions (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401 Unit