20230647 Ver 1_More Info Requested_20230626

DocuSign Envelope ID: 49B28E55-1017-4E4B-9246-DA7BE700DC26
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
June 26, 2023
DWR # 20230647
Mecklenburg County
Treenail Development
Attn: Mr. Ben Geisler
428 South Main Street, Suite B-101
Davidson NC 28036
Delivered via email to: [e-mail],
Subject: REQUEST FOR ADDITIONAL INFORMATION
Town 1 Mixed Use Development
Dear Mr. Ben Geisler:
On May 10, 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. Please provide a DWR stream identification form for CH100 is intermittent throughout the
entire length of the project limits. If CH100 becomes perennial at any point within the
project limits, please clearly indicate that location on plan sheets and provide a separate
DWR stream identification form for the perennial section.
2. The narrative submitted with the Pre Construction Form states that avoidance and
minimization of impacts has occurred as much as feasible. Please provide further
information regarding what other options have been considered and determined impractical.
It appears that removal of one building and parking area would reduce the impacts
significantly. Please provide a detailed explanation of why the project overall would not be
feasible with this slight reduction in development limits.
3. The development concept plan indicates that that buffer mitigation is provided for grading
encroachment adjacent to CH 300. The concept plan also indicates development very close
to CH300. Please provide a more detailed construction and grading plan for the area
adjacent to CH300. The plan should include the location of any temporary impacts and/or
sediment and erosion control measures in the vicinity of CH 300.
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
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: 49B28E55-1017-4E4B-9246-DA7BE700DC26
Town 1 Mixed Use Development
DWR# 20230647
Request for Additional Information
Page 2of2
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 the remaining portion of CH100
as all surface flow to this channel appears to be routed to two SCMs which would discharge
at the lower end of the project boundary. Please either, include indirect impacts to CH100
within the impact table and provide mitigation for this section, provide hydrologic
calculations to document that surface flow will continue to support the existing function of
the unimpacted portion of CH100, or provide a monitoring plan that will document existing
conditions of CH100 and post construction conditions of CH100.
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 336-813-1863 or [e-mail] if you have any
questions or concerns.
Sincerely,
ESDocuSigned by:
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980C5097D80E4E9...
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Electronic cc: Jennifer Robertson, ATLAS
Doug Perez, USACE Charlotte Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
Filename: 20230647 Town 1 mixed use development - Mecklenburg - addinfo.docx
� 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 CAROLINA 919.707.9000
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