20141224 Ver 1_On Hold Request_20150324

Homewood, Sue
From: Homewood, Sue
Sent: Tuesday, March 24, 2015 9 43 PM
To: 'Gerald Pottern'
Cc: Stimpson, Paul, Tommy Warren
Subject: RE Dan River Intake PCN, Request for On -Hold Extension
Thank you Gerald,
The Division will keep the application "on hold" at this time Please forward the information as soon as it is available
Please note my new contact information
Sue Homewood
NC DENR Winston -Salem Regional Office
Division of Water Resources — Water Quality Programs
450 W Hanes Mill Rd, Suite 300
Winston Salem NC 27105
Voice: (336) 776 -9693
Cell (336) 813 -1863
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties
From: Gerald Pottern [mailto:gpottern @ rjgacarolina.com]
Sent: Monday, March 23, 2015 10:53 AM
To: Homewood, Sue
Cc: Stimpson, Paul; Tommy Warren
Subject: Dan River Intake PCN, Request for On -Hold Extension
Hi Sue,
Attached is a letter explaining the SEPA review and 404 -401 permitting situation for the Dan River intake, and my
previous (mis)understanding that a 401 Cert could be issued prior to completing the SEPA process, based on previous
experience with DENR -lead EAs I realize your agency has procedures to be followed and this letter may or may not be
successful in keeping the 401 application "on hold" until EA review is. complete, but hopefully this will be sufficient to
mollify the DENR attorneys We're expecting the SEPA review to be complete by early to mid -May
Sincerely,
Gerald Pottern
Robert J Goldstein & Associates, Inc
RJG &A Environmental Consultants
1221 Corporation Parkway, Suite 100
Raleigh, NC 27610 Tel 919 - 872 -1174
gpottern a,,RJGAcarolina com
From: Homewood, Sue
Sent: Monday, February 23, 2015 4:55 PM
To: Gerald Pottern (gpottern @r]gacarohna.com)

Robert J. Goldstein and Associates, Inc.
RJG &A ENVIRONMENTAL CONSULTANTS
1221 Corporation Parkway, Suite 100 Since 1985 Tel [phone]
Raleigh, North Carolina 27610 Fax [phone]
e -mail rgoldstem (aRJGAcarolma com websrte www RJGAcarolma com
22 March 2014
Ms Sue Homewood
NC DENR Winston -Salem Regional Office
DWR Water Quality Programs
450 W Hanes Mill Rd, Suite 300
Winston Salem NC 27105
Subject PCN Application for Dan River Intake and Yanceyville Raw Water Line, Caswell Co Request to
keep 401 application on hold pending SEPA review
Dear Ms Homewood
In late November 2014 we submitted a 404 -401 PCN application for the Town of Yanceyville's proposed
water intake on the Dan River near the Town of Milton, and approximately 13 miles of raw water
pipeline from the intake to Yanceyville's existing water treatment plant located on on Badgett Sisters
Parkway south of Yanceyville The City of Roxboro, Person County, Town of Yanceyville, and Caswell
County have established an inter -local partnership to develop this long -term regional resource Roxboro
is leading the project and is the PCN applicant, and Yanceyville is the owner of the intake property
On December 15 you issued an "on hold" letter requesting two items required to complete the
application package 1) final SEPA approval issued from the State Clearinghouse, and 2) U.S. Army
Corps of Engineers verification of all stream and wetland locations for this project
Regarding item (2), a site visit was scheduled for January 14, 2014 to conduct the field verification,
but was rescheduled to Feb 11 due to bad weather conditions on Jan 14 Dave Bailey from USACE
accompanied you and me that day to verify streams and wetlands on the intake site and along the
pipeline corridor, and we modified the stream and wetland mapping accordingly We will copy you
on the revised PCN figures and tables and additional information requested in Dave Bailey's Feb 20
email.
Regarding item (1), a SEPA EA -FONSI for the project was completed in 2006, including an additional
water line to Roxboro and a small WTP on the intake property for Milton. While SEPA does not
have a statutory time limit for EA -FONSI documents, due to the length of time elapsed DWR
requested an update letter describing any changes in the proposed project and /or environmental
conditions and potential impacts in the project area Based on past experience preparing SEPA
documents for water and wastewater projects lead by DWQ and DWR, we thought that a 401
Certification could be issued with a condition stating that it would not become effective until SEPA
NEPA & SEPA Environmental Documents EA, EIS, CE ® Jurisdictional Wetland & Stream Buffer Delineations ® 404 - 401 Permits ® GISIGPS Mapping
® Water Quality Studies ®Stream & Wetland Mitigation and Restoration ® Endangered Species Surveys J Biological Assessments & Conservation Plans
® Water Intakes & Reservoirs ® Water Lines & Treatment Plants ® Sewerlines & Wastewater Treatment ® Instream Flow Analyses ® Interbasin
Transfer Certificates ® Watershed Assessment & Management [7Archaeological Surveys and Testing ® Phase 1 Site Assessments ® Parks & Greenways
Planning L7 CWMTF Grant Applications

Robert J. Goldstein and Associates, Inc.
RJG &A ENVIRONMENTAL CONSULTANTS
review through the State Clearinghouse was complete, as we have seen several times with our -
previous 404 -401 applications for projects under SEPA review
Your Dec 15 "on hold" letter advises us that "while work on an environmental document is in
progress, no DENR agency shall undertake any action which might limit the choice among
alternatives or otherwise prejudice the ultimate decision on the issue " You informed me that this
is not a new policy, but one that DENR had not always enforced in years past We were unaware of
this policy until after the PCN was submitted.
The SEPA update document is in progress and will be submitted to David Wainwright at DWR during
the first week of March Given that proposed changes to the project and its potential impacts are
relatively minor (mainly the intake location and design) relative to the 2006 approved EA- FONSI, we
expect the SEPA review to be completed by early to mid -May We therefore request that the 401
PCN application be kept on hold until that time, rather than being returned
Thank you for your consideration,
Gerald Pottern, senior biologist
gpottern @RJGAcarolina com
919 - 872 -1174
Copies To. Paul Stimpson, LaBella Engineering
Tommy Warren, City of Roxboro
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