20070777 Ver 1_More Info Letter_20070521

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 21, 2007
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 07-0777
Johnston County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Timothy Broome
Johnston County
3 09 E. Market Street
Smithfield, NC 27577
Subject Property: 2006/2007 Looping Line Additions
Ut to Neuse River [030402, 27-(41.7), WSV]
Ut to Buffalo Creek [030404, 27-42, C, NSW]
Ut to Neuse River [030404, 27-45-10, C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Broome:
On May 4, 2007, the Division of Water Quality (DWQ) received your application dated March 12, 2007,
to impact 0.0708 acres of 404/wetland, and 95 linear feet of perennial stream to construct the proposed
waterline extension. The DWQ has determined that your application was incomplete and/or provided
inaccurate information as discussed below. The DWQ will require additional information in order to
process your application to impact protected wetlands and/or streams on the subject property. Therefore,
unless we receive five copies of the additional information requested below, we will have to move toward
denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as
incomplete until we receive this additional information. Please provide the following information so that
we may continue to review your project.
Additional Information Requested:
1. As you probably know, DWQ's rules require that we certify that the project will not result in
"cumulative impacts, based on past or reasonably anticipated future impacts, that cause or will
cause a violation of downstream water quality standards" NCAC 2H .0506(b)(4). In reviewing
your plans, it appears construction of these waterline improvements are in response to additional
growth, or projected additional growth, within several tracts. With respect to cumulative impacts,
the Preconstruction Notification (PCN -Section XN, of the March 2005 version) form for the
project asks,
"Will this project (based on past and reasonably anticipated future impacts) result in additional
development which could impact nearby downstream water quality? Yes or No If yes, please
submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent
North Carolina Division of Water Quality policy posted on our website at:
http: //h2o. enr. state. nc. us/ncwetlands/documents/Interim InternalPo licyCumu lativeImpact. doc
Although, you have not addressed this question within your submitted PCN, in reviewing your
plans, it appears construction of these water line improvements are in response to additional
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: http•//h2o enr.state.nc us/ncwetlands
No a hCarolina
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Johnston County
Page 2 of 2
May 21, 2007
growth, or projected additional growth, within several tracts, therefore, there may be additional
wetland and stream impacts in order to develop these parcels and the stormwater from these
developments have the may cause a violation of downstream water quality standards.
Therefore, we will place this project on hold for incomplete information until the cumulative
impacts of this project are adequately addressed. Alternatively, one way to address this concern
is to have the Johnston County commit to requiring on-site stormwater management measures
(such as level spreaders, bioretention or constructed wetlands) for the additional development
when those parcels are developed. However, the Division is open to other approaches that would
give us the assurance that downstream water quality would be protected from the cumulative
impacts of this project.
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and to provide us with a date that we may expect to receive this requested information. If we do not
receive this requested information within one week of the date you indicate it will be forthcoming, your
project will be withdrawn and you will need to reapply with a new application and a new fee. Please
contact me in writing and Lauren Cobb 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.
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 Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting t discuss this matter.
Sincerely t '
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm
cc: Lauren Cobb, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Filename: 070777_2006_2007Loo pingLineAdditions(Johnston)Oo_Hold