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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