HomeMy WebLinkAbout20151256 Ver 4_More Info Requested_20210315
March 16, 2021
DWR # 20151256 Ver 4
Wake County
Trinity Capital Advisors
Attn: Sherri Chaffin
440 S. Church Street
Suite 800
Charlotte, NC 28202
(delivered via email to sls@trinitycapitaladvisors.com)
Subject: REQUEST FOR ADDITIONAL INFORMATION
Eastgate 540
Ms. Chaffin,
On February 12, 2021, the Division of Water Resources (Division) received your application
requesting an Individual Water Quality Certification and Neuse River Buffer Authorization with
Exception 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:
1. Please provide more details regarding avoidance and minimization of wetland and
stream impacts for this project. Please explain why alternative site locations were not
explored for the proposed commercial development. Uplands/cleared land south of
the proposed project location appear to be under similar ownership. A review of
available mapping resources seems to indicate this area would result in fewer
impacts to aquatic resources. [15A NCAC 02H .0506(b)(1)].
2. The proposed structure and parking area impact the wetland that make up the
headwaters of the intermittent tributary on site. Please demonstrate how they
hydrologic function of the downstream portion of the tributary and its adjacent
wetlands will be maintained, with special consideration for the portion of the
tributary that is above the stromwater basin outlet. [15A NCAC 02H .0506(b)(3) and
15A NCAC 02B.0201]
3. If the U.S. Army Corps of Engineers requests a response to any comments received as
a result of the Public Notice, please provide the Division with a copy of your response
to the USACE [15A NCAC 02H .0502(c)].
4. Buffer mitigation is required for proposed buffer impacts. You have indicated this
mitigation requirement will be satisfied by the purchase of credits from a private
mitigation bank. Please provide a Statement of Availability from a mitigation bank
[15A NCAC 02B .0714] and [15A NCAC 02B .0295 (i)].
Pursuant to Title 15A NCAC 02H .0502(e) and 15A NCAC 02B .0714, 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.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
or the Neuse Buffer 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 Rick Trone at rick.trone@ncdenr.gov if you have any questions or concerns.
Sincerely,
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Ward Marotti, Spangler Environmental (via email)
Sam Dailey, USACE Raleigh Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Branch file
Filename: 20151256 Ver 4_Eastgate 540_Wake_IC_RFAI