HomeMy WebLinkAbout20011729 Ver 1_More Info Letter_20040102 (2)O? VV rl it'
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
IMAJO Division of Water Quality
Coir Soleen H. Sullins, Deputy Director
Division of Water Quality
January 2, 2004
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Town of Siler City
Attn: Joel Brower, Town Manager
P.O. Box 769
Slier City, NC 27344-0769
DWQ Project No. 01-1729
Chatham County
Page 1 of 2
WETLANDS /401 OROUp
JAN .2 2.2004
WATER QUALITY SECTION
Project Name: Rocky River Lower Reservoir Expansion, 955 Water Plant Road, Slier City, NC
Rocky River [03-06-12, 17-437 WS-III (Water Supply) CA (Critical Area)]
REQUEST FOR MORE INFORMATION
Dear Mr. Brower:
On November 27, 2001, the Division of Water Quality (DWQ) received your application dated November 2, 2001 to impact
wetlands, streams and waters to construct the proposed reservoir. On December 28, 2001, the DWQ received the Public
Notice for the project from the U.S. Army Corps of Engineers (USAGE). On March 1, 2002, the DWQ placed the project
on administrative hold until such time that a mitigation plan was received for the proposed impacts. On May 19, 2003, the
DWQ received your application dated May 14, 2003 to impact approximately 1.5 acres of isolated wetlands. On
November 6, 2003, the DWQ conducted a public hearing in Siler City for the proposed project. The record for the hearing
remained open until December 8, 2003. The DWQ received approximately eight (8) letters in support of the proposed
project and approximately 427 letters against the proposed project. The Hearing Officer is currently reviewing the issues
addressed within these comments and those received at the public hearing and will submit a report including his review
and final recommendation to the Director.
However, the DWO will require additional information in order to process your application to impact protected wetland,
streams and waters. Therefore, unless we receive the additional information requested below, we will have to move
toward denial of your application as required by 15A NCAC 2H .0507 and will place this project on hold as incomplete until
we receive this additional information. In addition, we are requesting (by copy of this letter) that the USACE place your
project on administrative hold. Please provide the following information so that we may continue to review your project.
Additional Information:
1. Mitigation Plan
Please provide a mitigation plan as requested in our letter to you dated March 1, 2002 and within our memo to Dr. J.H.
Carter, III & Associates, Inc. (Project Environmental Consultant) dated November 3, 2003.
2. Reservoir Water Quality
The 401 Water Quality Certification requires the protection of water quality standards before it can be granted. The
DWQ has determined that insufficient information has been presented to ensure that water quality standards (both
North Carolina Division of Water Quality, Wetlands/401 Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/nowetiands/
Town of Siler City
Page 2 of 2
January 2, 2004
It 1, 1 ?)
downstream andjvithin the. reservoir) will be protected. Please provide additional information demonstrating how water
quality standards for the proposed reservoir and downstream will be protected.
3. Water Releases
If the proposed reservoir increases the retention time, decreases the amount of high, downstream flow events ("flushing"
events), or if it does not provide adequate low flow events, then it may potentially increase the existing water quality
problems within the reservoir and river. Please provide additional information demonstrating how the proposed project
will affect these water release issues.
4. Alternatives
Please note that the DWQ intends to forward a list of proposed alternatives received within the written comments and
during the public hearing to the USACE in an effort to confirm that these alternatives have been evaluated.
Please respond within three weeks of the date of this letter by sending this information to me in writing and Steve Mitchell
of the DWQ Raleigh Regional Office. 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. Please note that additional information may be
required by the DWQ before final action can be taken on the Certification depending on the final review of the written
comments, the Hearing Officer's report and/or your response to this letter.
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 .Mr. Bob Zarzecki at 919-733-9726 if you have any questions regarding or would like to set up a meeting to
discuss this matter.
Sincerely,
9 , A?
r
John Dorney,
Wetlands/401 Unit, DWQ.
cc: Jan Goodson, Dr. J.H. Carter III & Associates, Inc., P.O. Box 891, Southern Pines, NC 28388
Boyd DeVane (Hearing Officer), DWQ Planning Branch, Archdale Building, Raleigh, NC
Elizabeth Kountis (Reclassification), DWQ Classification and Standards Unit
Jim Mead, Division of Water Resources
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files -
DWO011729
January 2, 2004
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