20230410 Ver 1_Public Notice Comments_20230424

DocuSign Envelope ID: A3EC8996-4075-40F8-AB9B-693C13l l38E0
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 24, 2023
Corps Action ID# SAW-2022-00968
DWR# 20230410
Harnett County
Ms. Katharine Elks
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office
Delivered via email to: [e-mail]
Subject Project: Capeton Multi Use Development
Dear Ms. Elks:
On behalf of the NC Division of Water Resources, we respectfully request that you consider the
following comments within your review of the 404 Individual Permit request for the above referenced
project:
1. The applicant has developed a purpose and need statement which subsequently limits their
siting criteria such that it appears to prematurely disqualify all other off site alternatives and a
thorough alternatives analysis.
The Division is unable to complete a review of the project for compliance with 15A NCAC 02H
.0506 at this time. The Division has requested additional technical information from the
applicant. The Division requests that the USACE also consider the items requested in the
attached letter during the review of the application.
Thank you for your considering the Division's comments during your review of this Individual Permit. If
you have any questions, please contact Sue Homewood at 336-813-1863 or
[e-mail].
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARCLINA
919.707.9000

DocuSign Envelope ID: A3EC8996-4075-40F8-AB9B-693C131138E0
Corps Action ID# SAW-2022-00968
Electronic cc:
DWR# 20230410
Harnett County
Page 2of2
Sincerely,
EsDocuSigned by:
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755ABFOCD8OB428...
Stephanie Goss, Supervisor
401 & Buffer Permitting Unit
Phil May, Inver
DWR FRO
DWR 401 & Buffer Permitting Branch file
Filename: 20230410 Capeton — Harnett -PN Comments to USACE.docx
REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
naparMeM of EmironmanW 9uallly

DocuSign Envelope ID: A3EC8996-4075-40F8-AB9B-693C13l l38E0
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 24, 2023
DWR# 20230410
Harnett County
Greenfield Communities
Attn: Mr. Matthew Brubaker
8601 Six Forks Rd
Raleigh NC 27615
Delivered via email to: [e-mail]
Subject: REQUEST FOR ADDITIONAL INFORMATION
Capeton Multi -Use Development
Dear Mr. Brubaker:
On March 20, 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. 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. The Design of riprap basin dissipater shows that the stream will be over -widened in section
C-C. this does not maintain natural function so should either be counted as a loss of water or
a new detail with a natural stream width shown.
3. Please provide a stream restoration detail and a wetland restoration details for all proposed
utility related temporary impact areas.
4. 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;" Based on the current proposed plan
the Division believes there is potential for indirect impacts to some features shown circled in
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARCLINA
919.707.9000

DocuSign Envelope ID: A3EC8996-4075-40F8-AB9B-693C131138E0
Greenfield Communities
DWR# 20230410
Request for Additional Information
Page 2 of 3
red on the attached plan sheet. Please provide information regarding the existing drainage
area for these features as well as the proposed drainage area after construction so that the
Division may further evaluate potential for indirect impacts from a loss of hydrology to these
features.
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.deg.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 [e-mail] if you have any
questions or concerns.
Sincerely,
IS
DocuSigned by:
ft p�G bass
755ABFOCD8OB428...
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Electronic cc: Phil May, Carolina Ecosystem Inc.
Katharine Elks, USACE Wilmington Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
Filename: 20230410-Capeton -Harnett-addinfo.docx
REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
naparMeM of EmironmanW 9uallly

DocuSign Envelope ID: A3EC8996-4075-40F8-AB9B-693C131138E0
Greenfield Communities
DWR# 20230410
Request for Additional Information
Page 3 of 3
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REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
onparhnem of EnWronmanW 9uallly