20201899 Ver 1_More Info Requested_20210226

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANI£L SMITH
Director
NORTH CAROLINA
Environmental Quality
February 26, 2021
DWR # 20201899
Alamance County
Spangler Environmental
Attn: Maria Polizzi
4338 Bland Rd
Raleigh NC 27609
Delivered via email to [e-mail]
Subject: REQUEST FOR ADDITIONAL INFORMATION
ISOLATED WETLANDS GENERAL PERMIT APPLICATION
Stillhouse Farms
Dear Ms. Polizzi:
On December 9, 2020, the Division of Water Resources (Division) received your application requesting
Certificate of Coverage under the State General Permit for Impacts to Isolated and Other Non-404
Jurisdictional Wetlands and Surface Waters Permit Number IWGP10000 from the Division for the subject
project. On January 27 and 28, 2021 you submitted additional information as requested. On January
29, 2021 the Division conducted a site visit to review the information that was submitted. On February
1, 2021 the Division received additional information from Ward Marotti of Spangler Environmental
regarding the DWR site visit conducted on January 29, 2021. The Division has reviewed the information
provided and the results of the site visit that was conducted and provides the following information:
1. During the site visit conducted on January 29, 2021, Division staff identified a significant
nexus connection in accordance with Clean Water Act Jurisdiction Following the U.S.
Supreme Court's Decision in Rapanos v United States & Carabell v. United States between
Wetland C (identified as WA on Spangler jurisdictional map) and downstream waters. As
stated within the guidance document, a significant nexus determination includes
consideration of the "potential of wetlands... to significantly affect the chemical, physical,
and biological integrity of other covered waters". In addition, the document states that
"even when not jurisdictional waters subject to CWA §404, [these] features (e.g. swales,
ditches) may still contribute to a surface hydrologic connection between an adjacent wetland
and a traditional navigable water." At the time of the inspection, water was seen to be
visibly flowing from the wetland, through a defined channel, into a culverted stormwater
collection system under residential properties and Old Farm Road, and directly discharging
into Stillhouse Branch. As a result of what was seen during the site visit the Division has
determined that Wetland C is not an isolated wetland and therefore is not eligible for
coverage under 15A NCAC 02H .1300 et seq.
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North Carolina Department of Environmental Quality 1 Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105
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Stillhouse Farms
DWR# 20201899
Request for Additional Information
Page 2 of 2
2. Please provide an alternative site plan that avoids impacts to Wetland C. Please provide
updated drawings and application materials (including Table of Impacts in the PCN form) to
account for project design revisions.
The application is on -hold until the above information is received. Pursuant to Title 15A NCAC
02H .1302(b), 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 to the 401 & Buffer Permitting
Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by submitting all of the above requested
information through this link: https://edocs.deg.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
application 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 Isolated Wetlands and Isolated Waters Rules
for this activity and any work done within waters of the state may be a violation of North Carolina
General Statutes and Administrative Code.
Please contact me at 336-776-9693 or Sue. [e-mail] if you have any questions or
concerns.
Sincerely,
DocuSigned by:
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Sue Homewood
Winston-Salem Regional Office
cc: DWR 401 & Buffer Permitting Branch file