20060771 Ver 2_More Info Letter_20070911

~QF W H r~9P Michael F. Easley, Governor
`~ ~i William G. Ross Jr., Secretary
~ rte.- North Carolina Department of Environment and Natural Resources
~ ~
© .,~ Coleen H. Sullins, Director
Division of Water Quality
September 11, 2007
DWQ Project # 06-0771, Ver. 2
Chatham County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Ms. Ann Fleming Pfann
The Inn at Celebrity Dairy
144 Celebrity Way
Siler City, NC, 27344
Subject Property: Celebrity Dairy Pond
Ut to Dry Creek, [030604, 16-34-(03), C, NSW]
REQUEST FOR MORE INFORMATION
Dear Ms. Pfann:
On August 7, 2007, the Division of Water Quality (DWQ) received your application dated
August 1, 2007 to impact 1,449 feet of streams, in order to construct the proposed dam and pond
at Celebrity Dairy, a facility which includes agricultural operations as well as bed and breakfast
and meeting facilities. A 401 Water Quality Certification was issued on May 25, 2006 to create
this pond, but the impacts proposed at that time included 148 linear feet of fill for the dam and
700 feet of flooding, all on an intermittent stream segment. Your original application was for
General Certification 3364 to correspond with Nationwide Permit 40. Subsequently, your
consultant advised DWQ by email that the Corps had decided to apply Nationwide Permit 39 to
this project, rather than Nationwide Permit 40, thereby necessitating re-issuance of the 401
Certification under the correct corresponding General Certification. DWQ agreed that the 401
Certification could be re-issued without further review provided that the GC was the only issue,
and that there was no revision in the impacts.
Your current application involves a revised design, new dam location, and an additiona1601 feet
of stream impacts. The proposed impacts include 149 linear feet of perennial stream fill, 490
linear feet of perennial stream loss due to inundation, and 12301inear feet of intermittent stream
inundation. Please note that given the escalation of impacts and design revision, DWQ will be
required to perform additional technical review of this application. 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 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.
No°`hCarolina
401 Oversight/Express Review Permitting Unit ~iltl[rQlly
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: httn:!/h2o.enr.state.nc.us/ncwetlands
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The Inn at Celebrity Dairy
Page 2 of 3
September 11, 200T
Additional Information Requested:
1. Please provide a copy of the USGS topographic map with the project boundaries clearly
shown.
2. Please re-submit your site plans on full plan sheets at a scale of no smaller than 1 "=50',
clearly indicating contour lines and proposed impounded area (normal pond level
elevation and depth) in plan and profile view.
3. Please provide cross section details showing the provisions for aquatic life passage.
4. Please indicate all stream impacts including all fill slopes, dissipaters, and bank
stabilization on the site plan.
5. Please locate all isolated or non-isolated wetlands, streams, and other Waters of the State
as overlays on the site plan.
6. Impact Justification (Avoidance and Minimization)
Under Section VII of your application you did not provide a "justification" for the
impacts as requested within this section.
7. Please provide structural design drawings and details for the dam, including the plan and
profile views illustrating the height, toe, materials, and spillway.
8. Please submit a minimum water release plan for the proposed dam. The plan must
include a written explanation of the specific discharge rate and mechanism to provide for
each required release. The plan must also include any design specifications, details and
calculations to show that the release shall be achieved in the given conditions. The plan
shall also include monitoring that ensures compliance. The plan and any associated
facilities, once approved, must be in piece and implemented upon the completion of the
dam.
We strongly recommend that you contact the Division of Land Resources to ensure that the dam
is designed and constructed in compliance with the Dam Safety Law of 1967. You can reach
Max Fowler or Bill Denton with the Dam Safety Program in Raleigh at 919-733.
Please respond in writing within 30 calendar days of the date of this letter by sending a copy of
this information to me and to Lauren Cobb of the DWQ Raleigh Regional Office. If you will not
be able to provide the requested information within that timeframe, please provide written
confirmation that you intend to provide the requested information, and include a specific
timetable delineating when the requested materials will be provided. If we do not hear from yof t
in 30 calendar days, we will assume that you n® longer want to pursue this project and we will
consider the project as returned.

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Page 3 of 3
September 11, 2007
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. Ian McMillan or Ms. Cyndi
Karoly at 919-733-1786 if you have any questions regarding or would like to set up a meeting to
discuss this matter.
Sinc ly,
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
Max Fowler, Dam Safety Program, Division of Land Resources
Robin Maycock, 5409 New Rebel Court, Youngsville, NC, 27596
Filename: 060771 CelebrityDairyPondVer2(Chatha~a)On_Hold