20081143 Ver 1_Staff Comments_20101018

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NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Natural Resources
Dee Freeman
Secretary
October 18, 2010
DWQ# 08-1143
Alamance County
CERTIFIED MAIL: 7010 0290 0001 4856 4119
RETURN RECEIPT REQUESTED
Mr. M. Randall Turner
Restoration Systems LLC
1101 Haynes St, Suite 211
Raleigh, NC 27604
Re: Section 401 Water Quality Certification application
Dear Mr. Turner:
On September 20, 2010, the North Carolina Division of Water Quality (Division) received your application for
a 401 General Water Quality Certification to impact streams and wetlands to for Cripple Creek Mitigation Bank
near Burlington, NC in Alamance 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.
The Division commends your inclusion of a "marsh treatment area" as a part of this project, however
we have concerns regarding protection and maintenance of this area since it is not within the
Conservation Easement. What measures will be taken to ensure that this area will be protected from
livestock intrusion and for future maintenance issues?
2. A small portion of Tributary 2, from stations 21+00 to the stream crossing area does not appear to be
protected by 50 foot wide buffers. Please clarify if you included this stream section in your total
mitigation credits calculations.
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
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 One
Phone: [phone] \ FAX: [phone] \ Customer Service: 1-877-623-6748 NorthCarolina
Internet: www.ncwaterquality.org Naturally
An Equal Opportunity \ Affirmative Action Employer ?/ L
Randall Turner
DWQ# 08-1143
October 18, 2010
Page 2 of 2
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,
C-
Sue Homewood
DWQ Winston-Salem Regional Office
cc: Andrew Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Todd Tugwell, IRT (via email)
DWQ Winston-Salem Regional Office
Eric Kulz, DWQ Wetlands/401 Unit