20221432 Ver 1_More Info Requested_20221103

Moore, Andrew W
From: Moore, Andrew W
Sent: Thursday, November 3, 2022 3:22 PM
To:'[e-mail]'
Cc: [e-mail]; Andrew Bick
Subject: Request for Additional Information, Lantz Development, Henderson County (DWR Project #
20221432)
Adam,
On October 19, 2022, the Division of Water Resources (Division) received your application requesting a 401 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. Title 15A of the North Carolina Administrative Code (NCAC) 02H .0502(a)(3) requires an applicant that is a
corporation be registered with the NC Secretary of State's Office. I was unable to find 280 Holding Group, LLC in
a search conducted on the NC Secretary of State's website. Please provide documentation that 280 Holding
Group, LLC is a registered corporation with the NC Secretary of State. [15A NCAC 02H .0502(a)(3)]
2. Title 15A NCAC 02H .0502(a)(11) requires that if an agent signs the application, an agent authorization letter
must be provided. Please provide a signed agent authorization form signed by a representative of 280 Holding
Group, LLC granting you signature authority. A sample form may be found here
https://edocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2488211&cr=1. [15A NCAC 02H
.0502(a)(11)]
3. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with
the disturbed area. Therefore, dewatering methods will be necessary to temporarily dewater the stream
channel during culvert installation. Please provide a construction sequence that details the method of
dewatering to be utilized at the site and the sequence of construction events to be followed to ensure
compliance with this condition. [15A NCAC 02H .0506(b)(3)]
4. Please provide a culvert cross-section detail showing the provisions for aquatic life passage/culvert burial. [15A
NCAC 02H .0506(b)(2) and (3)]
5. It appears there is adequate room on the project parcel to move the buildings and parking lots northwest of
their proposed location thereby significantly minimizing impacts. Please reconfigure the layout to better
minimize impacts or clearly explain why the basic project purpose cannot be achieved by reconfiguring the
layout of the buildings and parking lots to better avoid and minimize jurisdictional impacts. [15A NCAC 02H
.0506(b)(1)]
6. The Division is concerned about the orientation of the proposed culvert outlet relative to the stream and
streambanks below the outlet. It appears that outlet flow will be directed into the streambank. How will the
integrity of the right descending streambank below the proposed culvert outlet be maintained given the
culvert's proposed orientation? [15A NCAC 02H .0506(b)(3)]
7. The Division does not require mitigation for impacts to intermittent streams. Staff from the Division will visit the
site to confirm the intermittent determination. [15A NCAC 02H .0506(c)]
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8. The Division recognizes the Town of Mills River as the locally -delegated authority to enforce post -construction
stormwater requirements. However, the Division cannot certify that the project meets the requirements of 15A
NCAC 02H .0506 without knowing the location of all structures, including stormwater control measures (SCMs),
to be constructed in connection with the project. Please provide a conceptual stormwater management plan
depicting the location of any required SCMs. [15A NCAC 02H .0502(a)(9) and .0506 (b)(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 provide your response by December 2, 2022. If all of the requested
information is not received, 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 appropriate fee.
Feel free to contact me if you have any questions.
Andrew W Moore, P.G.
Environmental Specialist 11, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
E CO
E
NORTH CAROLINA -
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
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