HomeMy WebLinkAbout20230465 Ver 1_Public Notice Comments_20230519ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr. Thomas Charles
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office
NORTH CAROLINA
Environmental Quality
May 19, 2023
Delivered via email to: Thomas.P.Charles@usace.army.mil
Subject Project:
Dear Mr. Charles:
Hampstead POD
Corps Action ID# SAW-2022-00285
DWR# 20230465
Pender County
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:
The application is unclear as to the total acreage of permanent impacts related to the proposed
project. There are various discrepancies between different sections of the ePCN form and the
plan sheets provided.
2. Once impact amounts are confirmed, the Division recommends that NCWAM should be utilized
to determine mitigation ratios for permanent impacts.
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
sue.homewood@ncdenr.gov.
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
Corps Action ID# SAW-2022-00285
Electronic cc:
DWR# 20230465
Pender County
Page 2of2
Sincerely,
E DocuSigned
by:
1.c Hcn.cwoo�
466ED631098F411...
for Stephanie Goss, Supervisor
401 & Buffer Permitting Unit
Dolores Hong, Booth & Associates
DWR WiRO
DWR 401 & Buffer Permitting Branch file
Filename: 20230465 Hampstead POD — Pender -PN Comments to USACE.docx
D Q`y� North Carolina Department of Environmental Quality I Division of Water Resources
r/ 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
naparMeM of EmironmanW 9uallly
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
May 19, 2023
DWR # 20230465
Pender County
Four County EMC
Attn: Mr. Gregg Cohn
1822 NC 53 West
Burgaw NC 28425
Delivered via email to: greggcohn@fourcty.org
Subject: REQUEST FOR ADDITIONAL INFORMATION
Hampstead POD
Dear Mr. Gregg Cohn:
On March 28, 2023the Division of Water Resources (Division) received your application requesting a 401
Individual Water Quality Certification from the Division for the subject project, with the appropriate
application fee received by the Division on May 2, 2023. 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. Please clarify if the existing substation will be abandoned as a result of this project. If it will be
abandoned the Division recommends that you strongly consider restoration of the site.
3. Based on plan sheets submitted with the application, it appears that the project proposes
temporary impacts to Wetland WB for stockpiling of material that has not been accounted for in the
March 28, 2023 application narrative and plan sheet. Please clarify the discrepancy between the
application narrative and the Erosion and Sediment Control Plan — Phase II sheet CG203.
4. Please provide clarification of all the proposed impacts. Narrative portions of the ePCN list impact
amounts that do not match the impact table. In addition, the impact table provided in the ePCN
indicates that all of the impacts are for dewatering, however the project proposes fill for access road
and the gravel pad. Please provide a detailed impact table that lists impacts to each wetland area
for permanent fill (road or substation pad), permanent hand clearing, temporary impacts for erosion
control measures and temporary impacts for any stockpiling. These areas should be clearly called
out and shaded or hatched distinctively on the plan sheets so that the impacts in the table can be
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
Hampstead POD
DWR# 20230465
Request for Additional Information
Page 2of2
clearly matched to the plan sheets. Please also ensure that all permanent impacts are accurately
calculated for mitigation purposes.
5. Please provide a wetland restoration plan for all proposed temporary impact areas. The wetland
restoration plan should be specific for the type of temporary impact (sediment basin or stockpiling,
etc) and must include detailed information for proper segregation and stockpiling of hydric soils,
restoration of hydric soils, construction specification and a re -vegetation planting plan with
proposed success criteria.
6. The Credit Reservation Letter from the Northeast Cape Fear Umbrella Mitigation Bank appears to
have expired. Please provide an updated Mitigation Acceptance Letter for the proposed permanent
wetland impacts.
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 sending one (1) copy of all of the above requested information
to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR 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 Sue.Homewood@ncdenr.gov if you have any
questions or concerns.
Sincerely,
E DocuSigned
by:
1.c Han.cwoo�
466ED631098F411...
for Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Electronic cc: Dolores Hong, Booth & Assoc
Thomas Charles, USACE Wilmington Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
Filename: 20230465 Hampstead POD Substation - Pender - addinfo.docx
D Q`y� North Carolina Department of Environmental Quality I Division of Water Resources
r/ 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
naparMeM of EmironmanW 9uallly