20110487 Ver 1_More Info Letter_20110609

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
GnvPrnnr nirartnr
Secretary
June 9, 2011
CERTIFIED MAIL 7009 2250 0004 3265 6650
RETURN RECEIPT REQUESTED
Mr. Jimmie Little
12150 McManus Road
Midland, NC 28107
SUBJECT: Proposed Culvert Extension and Retail Facility Construction on NC Highway 24/27,
between Bethel School Road and Riceland Way, Parcel ID No. 5544594670, Cabarrus
County, DWQ No. 11-0487
Dear Mr. Little:
The Division of Water Quality (DWQ) has reviewed your submittal for a 401 Water Quality Certification (WQC)
for the aforementioned project. Review of your application, in association with site visits, revealed it is lacking
the necessary information required for making an informed permit decision. The permit application was
deficient in the following areas:
The Pre-Construction Notification (PCN) indicates that the total acreage of the property is 3.103 acres and
the amount of proposed impervious surface is 11.2% (14,700 square feet). Based on this calculated
amount of impervious area, no stormwater measures are being proposed for this project. DWQ evaluates
impervious area based on the amount of stormwater conveyed through the area which drains to a
jurisdictional resource associated with the proposed construction. Therefore, the property acreage used to
calculate impervious area for this project shall include only those areas draining to the west side of the
unnamed tributary (UT) to Muddy Creek (portions of the property located east of the UT shall not be
included in the calculation). Please provide DWQ with revised calculations for impervious surface
coverage. If the recalculated impervious surface coverage equals or exceeds 24%, the plans must be
revised to include the appropriate stormwater management BMPs .
• The PCN requests 52 linear feet of impact to a UT to Muddy Creek for a culvert extension. Based on the
scale provided on Sheet L6/7, there will be approximately 70 linear feet of culvert extension and
approximately 40 linear feet of riprap for a total of 110 linear feet of stream impact. Please clarify.
• Sheet L6/7 provides a detail for the "rip rap swale". The detail does not provide information on whether the
riprap will be buried below the existing streambed as required by the WQC to allow for low flow passage of
water and aquatic life.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: http://Portal.ncdenr,orQ/web/wo
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Naturally
Mr. Jimmie Little
Page Two
• Please provide the slope of the proposed culvert extension. Will the culvert extension be placed on the
existing streambed grade or will the culvert extension be perched? If the culvert extension will be perched
above the existing streambed grade, you will be required to provide a structure (such as a rock ladder) to
provide stream connectivity.
Therefore, pursuant to 15A NCAC 2H .0507(a)(5), we will have to place the permit application on hold until we
are supplied with the necessary information. You have 21 days to respond in writing with the requested
information or notification to this office that the information is forthcoming. If, at the end of the 21 days, this
office has not received this information in writing, we will assume you are withdrawing your application and it
will be returned.
Furthermore, until the information is received by the NC Division of Water Quality, we request, by copy of this
letter, that the US Army Corps of Engineers place the permit application on hold.
If you have any questions or require additional information, please contact Polly Lespinasse at [phone].
Sincerely,
1
for Coleen H. Sullins
Director
cc: US Army Corps of Engineers, Asheville Field Office
Brandon Fulton, Carolina Environmental Consultants, Inc.
Karen Higgins, NCDWQ Central Office
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