20230177 Ver 1_More Info Requested_20230313

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
March 13, 2023
DWR # 20230177
Moore County
UP Property 2, LLC
Attn: Jeffery A. Fisher
P.O. Box 52351
Durham, NC 27717
Delivered via email to Jeffrey A. Fisher ([e-mail])
Subject: REQUEST FOR ADDITIONAL INFORMATION
High Falls Dam Removal Project
Dear Mr. Fisher:
On February 2, 2023, 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. A condition of a 401 Certification for a project of this nature would be as follows:
"For all dam removal projects meeting the definition under G.S. 143-215.25 and
requirements under G.S. 143-215.27 of a professionally supervised dam removal, the
applicant shall provided documentation that any sediment that may be released has
similar or lower lever of contamination than sediment sampled form downstream of
the dam in accordance with Sesion Law 2017-145."
DWR has received, as part of your application, the Sediment Capacity and Fate Modeling
Study. We believe that more analysis should be done in regards to any possible
contamination that may be present in the sediment being retained by the existing dam.
This may not require actual analytical sampling if it is determined that there are no
historic sources of contamination upstream of the dam that would reasonably be
expected to have contributed to any contamination. DWR has been in contact with your
your consultant, Nicole Thomson with Sage Ecological Services, Inc, to discuss a three
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NORTH CAROLINA '
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North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green St., Suite 714 I Fayetteville, North Carolina 28301-5043
910.433.3300

tiered approach that may be used to satisfy this requirement. Please provide
documentation that satisfies the above condition.
2. DWR has been in contact with Gabriela Garrison with the North Carolina Wildlife
Resources Commission regarding the mussel community below the dam. They are
supportive of the project, but have concerns about the mussel community during the
dam removal process. They have requested that the mussels be relocated during the
dam removal process. Please provide documentation of your coordination with WRC to
address their concerns and action that you may take to mitigate and potential
detrimental impact on this mussel community.
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 Chad Turlington at [phone] or [e-mail] if you have
any questions or concerns.
Sincerely,
ET_I5ent2
DocuSignedd by: Q
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Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
cc: Nicole Thomson — Sage Ecological Services, Inc. (via email)
Lyle Phillips - USACE Raleigh Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Branch Electronic file
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NORTH CAROLINA
gaparMeM of Environment,/quay
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301-5043
910-433-3300