20140739 Ver 1_More Info Letter_20140815

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
August 15, 2014
DWQ # 14 -0739
Guilford County
CERTIFIED MAIL #7013 1710 0002 1865 5597
RETURN RECEIPT REQUESTED
Pilot Environmental Inc.
Attn: Mike Brame
PO Box 128
Kernersville NC 27285
Subject: REQUEST FOR ADDITIONAL INFORMATION
Kiger Property Leveling Project
Dear Mr. Brame:
On July 18, 2014, the Division of Water Resources — Water Quality Programs (Division) received
your application dated July 14, 2014, requesting a 401 Water Quality Certification 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. Please provide the Division a copy of your response to August 13, 2014 letter from the
U.S. Army Corps of Engineers requesting additional information. This information is
necessary for the Division to complete a review of your application for a 401 Water
Quality Certification.
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.
Winston -Salem Regional Office
Location: 585 Waughtown St, Winston Salem NC 27107
Phone: 336 - 771 -50001 FAX: 336 - 771 -46301 Customer Service: 1- 877 - 623 -6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina

Kiger Leveling Project
DWQ# 14 -0739
Request for Additional Information
Page 2 of 2
Please respond in writing within 30 calendar days of receipt of this letter by sending two copies
of all of the above requested information to the Wetlands, Buffers, Stormwater — Compliance
and Permitting (Webscape) Unit, 1617 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. [e-mail] if you have any questions
or concerns.
Sincerely,
Sue Homewood
Winston -Salem Regional Office
cc: George Kiger (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 files
DWR Webscape Unit

Homewood, Sue
From: Bailey, David E SAW <David.E.Bailey2 @usace.army.mil>
Sent: Wednesday, August 13, 2014 10:56 AM
To: Michael Brame; kkiger3 @triad.rr.com
Cc: Homewood, Sue
Subject: Request for Additional Information: proposed Kiger property field leveling
project,Greensboro, Guilford Co., NC; SAW - 2014 -01474 (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Messrs. Kiger and Brame,
Thanks for your PCN and attached plans, dated and received 7/17/2014, for the above
referenced project. I have reviewed the information and currently the project as described
does not fit the terms and conditions of Nationwide Permit 40
http: / /www.saw.usace. army. mil / Portals /59 /docs/ regulatory /regdocs /NWP2012 /NWP40 3-
23.pdf. Please see the comments and questions below and submit the requested information
(via e -mail is fine) within 30 days of receipt of this Notification, otherwise we may deny
verification of the use of the Nationwide Permit or consider your application withdrawn and
close the file:
1) The boundaries of Wetland WA were expanded during yesterday's 7D verification site
visit. Please flag the new wetland boundaries in the field and send the updated
wetland field sketch to my attention (via e -mail is fine).
2) Section D1a (Supplemental Information) on your PCN does not entirely address avoidance
and minimization of adverse effects to Waters of the US as required by Nationwide
Permit Conditions # 23 a and b. As discussed during our field meeting on 8/12/2014,
more information is required to address the practicability of completely avoiding
impacts to the wetlands in question while still accomplishing your project purpose of
expanding hay /crop production into currently unused /pasture land. One possible way to
address this question is to show the entirety of the currently unused /pasture land
planned to be converted to hay /crop production, taking into account land use
limitations such as other areas of Waters of the US (estimates). Then show the area of
land that would be unable to be used for hay /crop production if no Waters of the US
were impacted (including considerations of equipment and size limitations). With this
information it would be possible to determine the difference in total usable
agricultural land acreage with no impacts to Waters of the US vs. total usable
agricultural land acreage including the proposed project.
3) As discussed on site, hay and crop production occurs commonly on slopes in the NC
piedmont. In fact, land immediately east of the proposed project includes sloping land
currently under crop production. As such, it is not clear why complete leveling of the
land, including the wetland areas in question, is necessary to make hay /crop production
possible. Please address this project specific concern with respect to avoidance and
minimization required by Nationwide Permit Conditions # 23 a and b.
Please let me know if you have any questions.
Sincerely,
1

Dave Bailey
David E. Bailey
Project Manager
US Army Corps of Engineers
CE- SAW -RG -R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone], Ext. 30.
Fax: [phone]
Email: David.E.Bailey2(@usace.army.mil
The Wilmington District is committed to providing the highest level of support to the
public. To help us ensure we continue to do so, please complete the Customer Satisfaction
Survey located at http : / /regulatory.usacesurvey.com /.
Classification: UNCLASSIFIED
Caveats: NONE
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