20221617 Ver 1_Denial_20230512

DocuSign Envelope ID: CB5D4DAE-373D-4B02-8770-AF9798101237
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
May 12, 2023
DWR #20221617
Johnston County
Eastfield Associates LLC
Attn: Mr. Kevin Dougherty
101 S. Raiford St, Suite 200
Selma NC 27576
Delivered via email to: [e-mail]
Subject: DENIAL of 401 Water Quality Certification Application
Eastfield Development
Dear Mr. Dougherty:
On November 4, 2022, the Division of Water Resources (Division) received your application requesting
an Individual 401 Water Quality Certification from the Division to impact streams, wetlands and Neuse
River buffers for the subject project. On January 4, 2023, the Division notified you that your application
was incomplete and requested additional information. The Division received a response to that request
on February 7, 2023 and March 2, 2023 and upon review of the information submitted, it has been
determined that the responses were insufficient and additional information is still necessary in order to
certify the project.
The Division has determined the application is still incomplete and the Division has insufficient
information to issue a 401 Water Quality Certification for the discharge from the proposed project.
Therefore, in accordance with 15A NCAC 02H .0507(e) and 40 CFR § 121.7, your application for a 401
Water Quality Certification is hereby denied.
Once you have addressed the items below you may reapply to the Division including a complete
application package and appropriate fee. In addition, the Division understands that the US Army Corps
of Engineers (USACE) will be requesting additional information in order to continue their review of the
404 application. Please include your response to the USACE request in any future application.
The Division's decision can be contested as provided in Chapter 150B of the North Carolina General
Statues by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set
forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition
forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-
3000.
DffNorth Carolina Department of Environmental Quality I Division of Water Resources
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Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105
M336.776.9800
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DocuSign Envelope ID: CB5D4DAE-373D-4B02-8770-AF9798101237
Eastfield Development
DWR# 20221617
Denial
Page 2 of 5
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This completes the review of the Division under section 401 of the Clean Water Act. Please be aware
that you have no authorization under the Water Quality Certification Rules 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 336-813-1863 or [e-mail] if you have any
questions or concerns.
Sincerely,
EsDocuSigned by:
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755ABFOCD8OB428...
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Electronic cc: Robert Turnbull, Terracon
Chris Hopper, USACE Raleigh Regulatory Field Office
Gabriela Garrison, NCWRC
Todd Bowers, EPA
DWR RRO
DWR 401 & Buffer Permitting Branch file
Filename: 20221617 Eastfield Development_Johnston_denial.docx
D North Carolina Department of Environmental Quality I Division of Water Resources
✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105
NORTH CAROLINA 336.776.9800
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DocuSign Envelope ID: CB5D4DAE-373D-4B02-8770-AF97981O1237
Eastfield Development
DWR# 20221617
Denial
Page 3 of 5
Additional Information needed:
You have provided a wetland map in response to the Division's request for more information dated
January 4, 2023. The Division specifically requested that you provide a jurisdictional features map
that has been verified by the USACE. Please provide some form of confirmation that this map has
been confirmed by the USACE to be an accurate depiction of all jurisdictional and isolated features
within the project limits. As previously stated in the Division's request for more information, the
plan sheet provided with this application does not appear to match the jurisdictional determination
map previously submitted as part of the Nationwide Permit application for Providence Road
Construction (DWR#20201750) or for the Eastfield Retail Development buffer application. This
discrepancy of jurisdictional features within the site must be clearly addressed in order to document
that the proposed impacts are accurately represented. Please note that any changes to the
jurisdictional features or impact amounts may require updates to the proposed mitigation table and
updated statement of availability letter(s).
2. You have provided an updated impact map showing impacts identified as 8A through 8E and site 5.
Please provide detailed impact exhibits (plan sheets/details) for these impacts.
3. Please provide a complete response to previous Item #9 in the Division's January 4, 2023 Request
for Additional Information. You have indicated that the proposed residential development was
removed from the project, however the project still proposes roadway infrastructure which would
be relevant to Item #9.
4. In response to Item #14 in the Division's January 4, 2023 Request for Additional Information you
have proposed wetland connectivity culverts in two locations, #3 & #4, however it appears that
impact area #2 will also disconnect an existing wetland. Please provide a wetland connectivity in
this location also, or propose an alternative solution to provide wetland connectivity on both sides
of the roadway. Based on the overall project concept plan for Eastfield Industrial Park, it appears
that a portion of wetland #2 may be proposed for development. Please ensure that all proposed
impacts are accounted for in this application and adjust impact and mitigation tables accordingly.
5. In response to Item #18 in the Division's January 4, 2023 Request for Additional Information you
indicated in your response dated February 28, 2023 that an Indirect and Cumulative Impact analysis
was attached, however the Division did not receive a copy with your submittal. Please provide this
analysis in accordance with the Division's policy on our website at:
http://Portal.ncdenr.org/web/wq/swp/ws/401/policies.
6. With regards to the Stormwater Management Plan:
a. Please review and revise the pond identification to Al, A2, and A3. Check the plans and other
documents (including Table 10 on the SWU-101 form) to make sure they are being referenced
correctly and consistently.
b. For Building#1 Site -Please review the drainage map and clarify stormwater routing/treatment
of post-DA2 (additional truck parking lot). See the snapshot from plan sheet C-907 below:
North Carolina Department of Environmental Quality I Division of Water Resources
D ��� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105
NCRTH CARCLINA ^ 336.776.9800
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Eastfield Development
DWR# 20221617
Denial
Page 4 of 5
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c. Please review and clarify if pond Al will have an outlet structure and where its outfall location is
located. Please provide additional drawing or modify plan sheet C-402 to clearly show outlet and
routing of treated stormwater leaving pond Al.
d. Please identify the discharging source and purpose of an outlet dissipator pad shown on plan
sheet C-402 (see the snapshot below); the pad is circled in red.
i
e. Please include narrative and the sizing/capacity calculations of the underground detention
system (Stormtech) in the stormwater report for Building#1.
f. Please provide profile drawing details (ex. temporary pool, permanent pool, sediment
storage/removal, & pond bottom elevations, etc.) for pond A2 and A3. The submitted plan sheet
C-405 only shows a generic pond profile and does not include any site -specific elevation details.
REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105
NORTH CAROLINA 336.776.9800
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DocuSign Envelope ID: CB5D4DAE-373D-4B02-8770-AF9798101237
Eastfield Development
DWR# 20221617
Denial
Page 5 of 5
g. For all ponds (Al, A2, & A3), please add a liner note to investigate/determine SHWT elevation
where each pond is located and specify liner requirements if pond will be sitting in the SHWT, to
prevent groundwater seepage which may jeopardize or decrease pond's capacity.
h. Please add planting plan for the vegetated shelf to the detailed drawing of each pond. Note that
the minimum design criteria requires at least 3 diverse species of herbaceous, native vegetation
(min. density of 50 plants/200 sq•ft of shelf area).
D North Carolina Department of Environmental Quality I Division of Water Resources
✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105
NORTH CAROLINA 336.776.9800
onparhnem of EmironmanW 9uallly