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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 bz