HomeMy WebLinkAbout20191445 Ver 3_More Info Requested_20220810
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
August 10, 2022
DWR # 20191445v3
Harnett County
Greenfield Communities
Attn: Mr. Matthew Brubaker
8601 Six Forks Road
Raleigh NC 27615
Delivered via email to: Mbrubaker@greenfieldcommunities.com
Subject: REQUEST FOR ADDITIONAL INFORMATION
Serenity Subdivision
Dear Mr. Brubaker:
On June 17, 2022, the Division of Water Resources (Division) received your application requesting a 401
Individual Water Quality Certification 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. 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.
2. Please provide an analysis of potential secondary and cumulative impacts as a result of this
development pursuant to the Division’s Cumulative Impact Policy.
3. In order to ensure that the project is appropriately authorized, the Division requires
documentation that the US Army Corps of Engineers has verified that wetland W23 is
Isolated.
4. While the Division recognizes that impacts to wetland W24 were inadvertent, as clearly
stated in the application, significant design effort was made to avoid this feature in previous
submittal. Pursuant to 15A NCAC 02H .01305(b) “In assessing whether the proposed activity
will comply with water quality standards, the Division shall evaluate if the proposed activity:
(1) has avoided and minimized impacts to surface water and wetlands….”. Please provide
further evidence that the current proposal meets this criteria when prior design indicates this
area could be avoided.
5. Please provide a stream restoration detail and a wetland restoration details for all proposed
temporary impact areas.
DocuSign Envelope ID: 5EF42AC6-922C-4132-A097-777E4960110C
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
Serenity SD
DWR# 20191445v3
Request for Additional Information
Page 2 of 3
6. In order for the Division to adequately evaluate potential impacts to stream and wetland
functions, please provide detailed plans and profiles for all proposed culverts. These details
should include temporary dewatering details and riprap apron design details, proposed
culvert slopes, culvert burial (if appropriate) and stream width and culvert diameters.
7. For all locations where multiple culverts are proposed, the plan sheets must clearly detail
that low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall
be installed such that they receive only flows above bankfull. Please provide design details
that clearly show floodplain bench construction and/or sills at the inlet and outlet of the
culverts to ensure that the stream is not over-widened on either end of the culvert. Please
also provide a profile view of all stormflow culverts.
8. The alignment of the culvert outlet at stream impact S17 appears to be directed at a
streambank. Please either provide a revised alignment or provide more detailed information
to clarify or otherwise address the proposed alignment.
9. The riprap apron proposed at Impact S15 is extensive. Please provide plan and profile
construction details for the riprap outlet apron. The details should clearly show how natural
stream flow and conditions will be maintained within a low flow channel within the enhanced
riprap apron. It is the Division’s experience that when excessively wide riprap aprons are
required for velocity control and/or stability that natural stream function is not maintained
and therefore these impacts should be considered as permanent loss of stream.
10. Pursuant to 15A NCAC 02H.0506(b) “a 401 Water Quality Certification may only be issued
upon determining that the proposed activity will comply with state water quality standards
which includes designated uses, numeric criteria, narrative criteria and the state’s
antidegradation policy, as defined in rules of 15A NCAC 02B .0200… In assessing whether the
proposed activity will comply with water quality standards, the Division shall evaluate if the
proposed activity: (2) would cause or contribute to a violation of water quality standards; (3)
would result in secondary or cumulative impacts that cause or contribute to, or will cause or
contribute to, a violation of water quality standards;” In order for the Division to fully
evaluate potential hydrological impacts on some stream and wetland features within the
project limits, please provide the location of all outlet structures from the SCMs shown on
the proposed plan sheet. In order to avoid further requests for additional information upon
receipt of the response to this item, the Division strongly encourages that you carefully
evaluate the proposed site plan for locations where existing surface hydrology will be
redirected which would have the potential to remove or reduce the existing functions of a
stream and/or wetland. Based on the current proposed plan the Division believes there is
potential for indirect impacts to some features within the overall project limits.
11. Please provide a conceptual construction schedule for all impacts proposed within the
application. Please note that mitigation will be required for ALL impacts unless a mitigation
schedule is requested, reviewed and approved by the Division. Please note that any 401
issued by the Division will expire upon expiration of the 404 Permit.
DocuSign Envelope ID: 5EF42AC6-922C-4132-A097-777E4960110C
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
Serenity SD
DWR# 20191445v3
Request for Additional Information
Page 3 of 3
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. Please respond in writing within 30
calendar days of receipt of this letter 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 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 Sue Homewood at 336-776-9693 or Sue.Homewood@ncdenr.gov if you have any
questions or concerns.
Sincerely,
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Electronic cc: Phil May, Carolina Ecosystems Inc.
Liz Hair, USACE Wilmington Regulatory Field Office
DWR FRO
DWR 401 & Buffer Permitting Branch file
Filename: 20191445v3 SerenitySD_Harnett_Addinfo.docx
DocuSign Envelope ID: 5EF42AC6-922C-4132-A097-777E4960110C