HomeMy WebLinkAbout20051457 Ver 1_More Info Letter_20050823p~pF VV ATF9QG Michael F. Easley, Governor
~ William G. Ross Jr., Secretary
~ r North Carolina Department of Environment and Natural Resources
~ ~
Q ~ Alan W. Klimek, P.E. Director
Division of Water Quality
August 23, 2005
DWQ Project # 20051457
Cleveland County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Cleveland County Sanitary District
Attn: Butch Smith, General Manager
Post Office Box 778
Lawndale, NC 28090
Subject Property: Proposed First Broad River Reservoir
REQUEST FOR MORE INFORMATION
Dear Mr. Smith:
On June 30, 2005, the Division of Water Quality (DWQ) received your application dated April 5,
2005 to impact wetlands/waters to construct the proposed reservoir construction. 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 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. Water Quality Certification Application Fee. An application fee of $475 is required for this
project. This check should be made out to the NC Division of Water Quality and sent to-the
Central Office address listed below.
2. Environmental Documentation: Please provide a copy of the environmental documentation
for this project. It is unclear whether an Environmental Assessment or Environmental
Impact Statement has been done for this project under the State Environmental Policy Act
(SEPA). Please contact Ms. Melba McGee at 919-715-4194 to determine if preparation of
this document is needed. In any case, this documentation must thoroughly examine all
practical alternatives (including pumped storage) that would likely affect a smaller amount of
streams and wetlands.
3. Minimum Release: The Certification for this project will require a minimum release in order
to protect downstream uses including aquatic life. Please provide a proposed minimum
release schedule for this project. We suggest that this flow be based on an updated
Instream Flow Incremental Methodology (IFIM) analysis.
401 Oversight/Ezpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 /FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands
None Carolina
~atura!!y
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Cleveland County Sanitary Sewer District
Page 3 of 3
August 23, 2005
4. Cumulative Impacts: You will need to conduct a qualitative analysis to examine the
potential for cumulative impacts on streams, wetlands and water quality in the reservoir
in accordance with the latest cumulative impact guidance that DWQ has provided. If this
analysis shows that cumulative impacts are likely, then a quantitative analysis with
proposed management plan will be required for the 401 Certification. Please contact
John Dorney at 919-733-9646 if you have specific questions in this regard.
5. Water quality in the proposed reservoir: The Division will require you to prepare an
acceptable water quality model to address whether water quality standards will be met in
the reservoir. Dissolved oxygen, temperature and eutrophication are issues that must
be addressed by this model. DWQ will need to approve the model before it is used.
Please contact Ms. Michelle Wookfolk (919-733-5083 ext. 505) for that review. This
model should also reflect current water quality conditions in the First Broad River.
Additional water quality sampling may be needed in order to address this issue if existing
data are inadequate. This model should also address the effect of any additional
development in the basin within a reasonable time frame.
6. Wetland impacts: The Public Notice states that wetland impacts are probably less than
one acre. Please provide a signed delineation map from the US Army Corps of
Engineers or similar assurance regarding the extent of wetland impacts. If impacts
exceed one acre, then compensatory mitigation for wetland impacts will be required by
DWQ.
7. Public Hearing: Please be aware that the Division has received several requests for a
Public Hearing on this project. According to our rules (15A NCAC 2H .0503), the
Director of the Division must decide whether to have a hearing based on the level of
public interest. DWQ staff will seek this decision in the near future. If a Hearing is
needed, additional correspondence will be sent to you.
Please respond within three weeks of the date of this letter by sending this information to me in
writing and Alan Johnson of the DWQ Mooresville 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 Mr. John Dorney or Mr. Ian
McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.
hn Dorney
Wetland P g m Development nit
CBK//jrd/bs
cc: Alan Johnson, DWQ Mooresville Regional Office
Cleveland County Sanitary Sewer District
Page 3 of 3
August 23, 2005
Dave Baker, USACE Asheville Regulatory Field Office
File Copy
Central Files
Michelle Woolfolk, DWQ
Michelle Raquet, DWQ
John Sutherland, DWR
Melba McGee, DENR
Becky Fox, US Environmental Protection Agency
Pam Boaze, Fish and Wildife Associates, Inc., P.O. Box 241, 25 Water Tower Lane,
Whittier, NC 28789
Filename: S:\2005 Correspondence\05-1457 First Broad River Reservoir (Cleveland) On
Hold.doc