HomeMy WebLinkAbout20140394 Ver 1_More Info Letter_20140512NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 12, 2014
CERTIFIED MAIL #7012 2920 0000 3656 1974
RETURN RECEIPT REQUESTED
City of Burlington
Attn: Harold Owen, City Manager
425 S. Lexington Ave
Burlington NC 27215
Subject: REQUEST FOR ADDITIONAL INFORMATION
Haw River Parallel Interceptor Project
Dear Mr. Owen:
John E. Skvarla, III
Secretary
DWQ # 14 -0394
Alamance County
On April 21, 2014, the Division of Water Resources — Water Quality Programs (Division) received your
application dated April 16, 2014, requesting a 401 Water Quality Certification and Buffer Authorization
from the Division for your 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. A complete review of the project cannot be conducted until the U.S. Army Corps of Engineers
has verified all stream and wetland locations and the Division of Water Resources has verified all
stream determinations with regards to the Jordan Buffer Rules. A site visit has been scheduled
for June 10, 2014.
2. Please provide the Division a copy of your response to May 12, 2014 Incomplete Application
notice from the U.S. Army Corps of Engineers requesting additional information.
3. Per Condition 10 GC 3884, "the edge of the construction corridor shall not be installed parallel
to and closer than 10 feet to top of bank. If installation of a line cannot meet this condition you
may request a permit that exempts the Permittee in areas where it is clearly shown and
justified." It is unclear at the scale provided whether some areas of construction (including
installation of temporary sediment and erosion control measures) will be within 10 feet to the
top of bank.
4. Please clarify why buffer impacts are necessary for a temporary construction easement at Buffer
Impact Area B3.
5. It appears that buffer impacts at Impact Area B4 would be considered a utility perpendicular
crossing of a stream. Please clarify why mitigation is being proposed in this location.
6. The Jordan Buffer Rules allow for temporary buffer disturbances for stream crossings if the
construction corridor is less than 40 linear feet and the permanent maintenance corridor will be
less than 10 feet wide. Please clarify whether the City intends to maintain their corridor at
stream crossings at greater than 10 feet wide.
Winston -Salem Regional Office
Location: 585 Waughtown St, Winston Salem NC 27107 One
Phone: 336 - 771 -50001 FAX: 336 - 771 -46301 Customer Service: 1- 877 - 623 -6748 NorthCarolina
Internet: www.ncwaterquality.org 'j�']ahlyral/ay
An Equal Opportunity 1 Affirmative Action Employer �/ y L `
City of Burlington
DWQ# 14 -0394
Request for Additional Information
Page 2 of 2
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. If all of the requested information is not
received in writing within 30 calendar days of receipt of this letter, the Division will be unable to
approve the application and it will be returned. The return of this project will necessitate reapplication
to the Division for approval, including a complete application package and the appropriate fee.
Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all
of the above requested information to the Wetlands, Buffers, Stormwater — Compliance and Permitting
(Webscape) Unit, 1650 Mail Service Center, Raleigh, NC 27699 -1650.
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 me at 336 - 771 -4964 or Sue. Homewood @ncdenr.gov if you have any questions or
concerns.
Sincerely,
Sue Homewood
Winston -Salem Regional Office
cc: Chad Evenhouse, Kimley -Horn & Assoc. (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 files
DWR Webscape Unit