HomeMy WebLinkAbout20201842 Ver 1_More Info Requested_20210211From:Trone, Rick V
To:david.syster@segi.us
Cc:Hopper, Christopher D CIV (USA); Sullivan, Shelton
Subject:Cleveland Bluffs DWR#20201842-Request for Additional Information
Date:Thursday, February 11, 2021 11:43:00 AM
Attachments:image001.png
David,
On December 2, 2020, the Division of Water Resources (Division) received your application
requesting a 401 Water Quality Certification from the Division for the subject project. The Division
has determined that your application is incomplete and cannot be processed. The application is on-
hold until all of the following information is received:
As required by a Settlement Agreement between KG Plaza LLC and the Division, you
are required to complete a stream restoration for stream UT1. The restoration is
required in order to address unauthorized activity (i.e., stream channel fill). A
restoration plan for UT1 has been received and will be approved separately from the
Pre Construction Notification (PCN). Under Section E (5) in the submitted PCN you
have indicated that you intend to restore approximately 456’ of UTI including
approximately 167’ that prior to the impacts was determined to be federally
jurisdictional open waters. Please clarify if restoring the former open water as a
stream is being considered Permittee Responsible Mitigation. Please explain if this
mitigation plan has been approved by the USACE [15A NCAC 02H .0506(c)].
The road crossing labeled as 1B on the plans does not appear to be necessary. Please
eliminate the road crossing over UT2 or provide additional detailed information as to
why it is necessary for this project [15A NCAC 02H .0506(b)(1)].
Please clarify if Open Water Impacts provided in the PCN intend to address the
impacts to Pond 1 from road/dam widening at the southern end of the pond (on the
pond side of the dam), the road widening for the road crossing at the northern end of
Pond 1, and any other reshaping or bank stabilization activities on Pond 1 [15A NCAC
02H .0502(c)].
Under section D (5) your application lists impacts of 0.09 acres for Pond or Lake
Construction. Please explain, in detail, what the 0.09 acre impact is meant to address
for the project [15A NCAC 02H .0502(c)].
You have proposed a wetland impact for an aerial sewer line (Site 8). Please clarify if
this is a new impact for a future aerial sewer line. Please provide a detailed
engineering plan, profile view, and cross-section of the proposed sewer line [15A
NCAC 02H .0502(a) and (c)
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by sending one (1) copy of all of the above requested
information as a reply to this email or by submitting all of the above requested information through
this link: https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form (note the DWR#
requested on the link is referenced above).
If all of the requested information is not received within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be denied as incomplete. The denial of
this project will necessitate reapplication to the Division for approval, including a complete
application package and the appropriate fee.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act for
this activity and any work done within waters of the state may be a violation of North Carolina
General Statutes and Administrative Code.
Thank you,
Rick Trone
401 & Buffer Permitting Branch
NCDEQ – Division of Water Resources
(919) 707-3631 office
512 N. Salisbury Street, Suite 942-F, Raleigh, NC 27604
1617 Mail Service Center, Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties