20150041 Ver 1_More Info Letter_20150604

NCDE,NR
North Carol'�na Department of Enlronment and Naturall Resources
M
P =__ 11111901
Green Meadows, LLC
Attn: Mr. Charles Price
12601 Plantside Drive
Louisville, KY 40299
Subject: REQUEST FOR ADDITIONAL INFORMATION
Sanford (Colon) and Brickhaven Coal Ash Reclamation
Dear Mr. Price:
Donald R. van der Vaart
N�
DWR # 15-0041 and 0042
Chatham and Lee Counties
On February 18, 2015, the Division of Water Resources (Division) received your application
dated February 13, 2015, requesting an Individual Water Quality Certification / Isolated and
Other Non-404 Jurisdictional Wetlands and Waters Permit from the Division, for the subject
project. The Division received the Public Notice issued by the U.S. Army Corps of Engineers on
March 5, 2015 and comments solicited from Public Hearings held on April 13 and 16, 2015 in
Lee and Chatham Counties, respectively, until May 16, 2015. 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. In reviewing the Permit Map for the Brickhaven mine site, it appears that stream
impacts #3 through #5 could be minimized by constructing road access to
nonjurisdictional areas to utilize these areas for stormwater basins and soil stockpiles.
Please revise the plans to minimize the impacts or provide a detailed explanation of why
this plain cannot be practically accomplished, reduced or reconfigured to minimize
impacts to the stream channels.
1 Your application explains how losses will be prevented during transit of coal ash to the
mine sites and! dust control measures, to be employed on-site during construction of the
structural fill cells. Please explain how losses of residual coal ash remaining in railcars or
trucks after unloading will be prevented during transit.
3. The Division has received many comments regarding surface water and groundwater
monitoring related to the project and reviewed the plans provided in the Structural Fill
Permit application. To protect all surface waters downstream of the Brickhaven site, we
believe that one additional surface water monitoring point on the unnamed tributary to
Shaddox Creek at its intersection with the power line ROW located north of the site
should be added to the surface water monitoring plan.
4011 &Buffer Perriniffing Unit
11617 Mail Servin Cpntcr, Raleigh, North Carolina 27699 1617
Locatiom 512 N. Sallisbiury St, Raleigh, North Cardina 2760�4
Phone: 91119­9119-707-90001 FAK 9'lq-807-6494 t Custorner S&vic& 1­877-623-6748
Internet www nwaterResourcies orgi
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Green Meadows, LLC
DWR# 15-0041-42
Request for Additional Information
Page 2 of 2
4. Title 15A NCAC 02H .0506 requires that a proposed activity have no practical alternative
by demonstrating that, considering the potential for a reduction in size, configuration or
density of the proposed activity and all alternative designs, the basic project purpose
cannot be practically accomplished in a manner which would avoid or result in less
adverse impact to wetlands. The Division cannot process the proposed alternative until
the U.S. Army Corps of Engineers ( USAGE) determines that this alternative is the least
environmentally damaging practical alternative (LEDPA). Please provide
correspondence from the USAGE indlicating which alternative is selected as the LEDPA.
Pursuant to Title 15A NCAC 02H .0502(e) / Title 15A NCAC 02H .1304(d), the applicant shall
furnish all of the above requested information, for the proper consideration of the application.
If all of the requested information is not received in writing within 30 calendar days of receipt
of this letter, the Division will be unable to approve the application and it will be returned. The
return of this project will necessitate reapplication to the Division for approval, including a
complete application package and the appropriate fee.
Please respond in writing within 30 calendar days of receipt of this letter by sending three
copies of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail
Service Center, Raleigh, NC 27699-1617.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act/
Isolated Wetlands and Isolated Waters 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.
cc: Clement Riddle, ClearWater Environmental Consultants, Inc., 224 South Grove
Street, Ste F, Hendersonville, NC 28792
USAGE Raleigh Regulatory Field Office
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit file
Filename: 150041-425andfordI3 rick haven M in es(LeeChath a m)_40 1_1 C_H old 2. docx