20061203 Ver 1_More Info Letter_20060922

~OF WAT~RQ Michael F. Easley, Governor
\~ Ci William G. Ross Jr., Secretary
Vj ~ North Carolina Department of Environment and Natural Resources
5 ~
p ~ Alan W. Klimek, P.E. Director
Division of Water Quality
September 22, 2006
DWQ Project # 2006-1203
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Western Wake Regional Wastewater Management Facilities Project Partners
Attn.: Mr. Kim Fisher
Town of Cary
420 James Jackson Avenue
Cary, NC 27513
Re: Western Wake Regional Wastewater Management Facilities, Wake County
DWQ #2006-1203; USACE Action ID. No. 200620159
REQUEST FOR MORE INFORMATION
Dear Mr. Fisher:
Reference is made to your application fora 401 Water Quality Certification received July 26, 2006 for the
referenced project. This project is currently under review by the State Clearinghouse. Please note that
DWQ cannot issue a 401 Certification until the project has received a Finding of No Significant Impact
(FONSI) or Record of Decision (ROD) from the State Clearinghouse in accordance with NCAC 15A:O1C
.0402. Therefore, this project shall remain on hold until the SEPA process has been completed. We
recommend that you notify us when the SEPA process is complete so we can re-activate the project.
Please review the following language from the statute, and note that your application will be reviewed for
consistency with decisions and commitments referenced within your Final Environmental Impact
Statement (EIS)/ROD.
SUBCHAPTER O1C -CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL
POLICY ACT
SECTION .0101 -GENERAL PROVISIONS
15A NCAC O1C .0107 LIMITATION ON ACTIONS DURING NCEPA PROCESS
(a) While work on an environmental document is in progress, no DENR agency shall undertake in
the interim any action which might limit the choice among alternatives or otherwise prejudice the
ultimate decision on the issue. A permit approval or other action to approve land disturbing
activity or construction of part of the project or action, other than those actions necessary for
gathering information needed to prepare the environmental document, limits the choice among
alternatives and shall not be approved until the final environmental document for the action is
published in the Environmental Bulletin pursuant to O1 NCAC 25 .0212 and adopted by the
DENR agency through the procedures established by the Department of Administration's Rules
for administering NC EPA and this Subchapter of the Department's rules.
(b) If a DENR agency is considering a proposed action for which an environmental document is
to be or is being prepared, the DENR agency shall promptly notify the initiating party that the
DENR agency cannot take final action until the environmental documentation is completed and
NoithCarolina
401 OversighdExpress Review Permitting Unit ~Natura!!y
] 650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet !~ttp h_'o,cnr atatc.n~ us >>~~,~~~t ills
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Western Wake Regional Wastewater Management Facilities
Page 2 of 2
September 22, 2006
available for use as adecision-making tool. The notification shall be consistent with the statutory
and regulatory requirements of the DENR agency and may be in the form of a notification that
the application is incomplete.
(c) When a DENR agency decides that a proposed activity, for which state actions are pending or
have been taken, requires environmental documentation then the DENR agency shall promptly
notify all DENR action agencies of the decision. When statutory and regulatory requirements
prevent a DENR agency from suspending action, the DENR agency shall deny any action for
which it determines an environmental document is necessary but not yet available as a decision-
making tool.
History Note: Authority G.S. 113A-2; 113A-4; 113A-6; 113A-7; 143B-10;
Eff. April 1, 2003.
Please contact the DWQ in writing 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. 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 Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely, ~~~
i
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/cbk
cc: Monte Matthews, U.S. Army Corps of Engineers, Raleigh Regulatory Field Office
Chuck Wakild, DWQ, Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Suzanne Klimek, Ecosystem Enhancement Program
Ruth Swanek, CHZMHILL, 3125 Poplarwood Ct., Suite 304, Raleigh, NC, 27604
Filename: 20061203 W WRWTF(Wake)HOLD