HomeMy WebLinkAbout20180765 Ver 5_More Info Requested_20210324DocuSign Envelope ID: F134C1D5-1307-44AD-9335-CBOBE5A7BADC
ROY COOPER.
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 24, 2021
DWR # 20180765 Ver 5
Jackson County
Daniel Communities
Attn: Mr. Owen Schultz
1525 Highway 107 South
Cashiers NC 28717
Subject: REQUEST FOR ADDITIONAL INFORMATION
High Hampton Redevelopment
Dear Mr. Schultz:
On August 10, 2020, the Division of Water Resources — Water Quality Programs (Division) received your
application fee to complete your request dated July 13, 2020 for a modification to the Individual Water
Quality Certification #WQC004212 issued by the Division on May 12, 2020 for your project. The
modification is requesting an after -the -fact approval for an additional 122 linear feet of stream impacts
and 0.02 acres of wetland impacts that have occurred beyond those approved in WQC#004212. On
September 23, 2020 the Division requested additional information regarding your application. On
March 7, 2021 the Division received a response to the request for additional information.
Upon review of your response, the Division has determined that your application is still incomplete and
cannot be processed. The application is on -hold until all of the following information is received:
1. You have sufficiently documented the inconsistencies in impact amounts from fill material for
Hole 1 and 9 and the Division is in agreement with your proposed mitigation plan for the
additional 36 linear feet of impacts at Hole #1 and an additional 37 liner feet of impacts at Hole
#9.
2. As noted during a site visit on February 4, 2021, the remaining section of stream between Holes
1 and 9 are considered by the Division to be a loss of stream function. You have proposed a
mitigation ratio of 0.5:1 however in accordance with 1SA NCAC 02H .0506(c)(5) the ratio of
mitigation shall be 1:1. Please provide a mitigation plan that will satisfy 15A NCAC 02H
.0506(c)(5).
3. With regards to additional impacts that have occurred at Hole 13, these impacts do not satisfy
15A NCAC 02H .0506(b)(1) "has avoided and minimized impacts to surface waters or
wetlands...". The information provided indicates that errors occurred during construction
activities which would indicate that additional avoidance and minimization of impacts are
feasible. Please provide a plan to restore this area to the approved impact limits.
DocuSign Envelope ID: F134C1 D5-1 307-44AD-9335-CBOBE5A7BADC
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 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 Water Quality Certification 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 Sue Homewood at 336-776-9693 or Sue.Homewood@ncdenr.gov if you have any
questions or concerns.
Sincerely,
�DocuSSignned by:
Peva 10011001a
-949D91BA53EF4EO...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Clement Riddle, ClearWater Environmental Consultants Inc (via email)
David Brown, USACE Asheville Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
Byron Hamstead, USFS (via email)
DWR ARO 401 files
DWR 401 & Buffer Permitting Unit
NORTD E _
DepartmentoebMrn, , anbl CAPOLJNA
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North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000