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HomeMy WebLinkAbout20221617 Ver 2_More Info Requested_20230922DocuSign Envelope ID: A7FD4A43-2388-4120-8AAB-1186BAF709D3 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality September 22, 2023 DWR # 20221617 v2 Johnston County Eastfield Associates LLC Attn: Mr. Kevin Dougherty 101 S. Raiford St, Suite 200 Selma NC 27576 Delivered via email to: kmd@adventuredev.com Subject: REQUEST FOR ADDITIONAL INFORMATION Eastfield Development Dear Mr. Dougherty: On August 16, 2023, the Division of Water Resources (Division) received your application requesting an 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: During a site visit on September 12, 2023, the USACE requested changes to the jurisdictional status of some features within Block O. In addition, both the USACE and DWR identified a stream within Block E that is not currently shown on the jurisdictional features map and/or development plan. The stream identified in Block E is shown on the Johnston County published Soil Survey and therefore is subject to the Neuse River Buffer Regulations (15A NCAC 02B .0714). Please provide an updated jurisdictional features map and an updated map showing the Neuse River Buffers. 2. Please provide updated application materials to identify any development modifications and/or impact amounts as a result of Item 1 above. Please ensure that mitigation is adequately addressed in the updated application materials and provide mitigation acceptance letters and/or statement of availability letters from your proposed mitigation providers as appropriate. 3. Please provide an updated Stormwater Management Plan for Block E if the development plan has changed in response to Item 1 above. 4. Please provide a detailed qualitative indirect and cumulative impact analysis that clearly follows the steps outlined in the Division's policy for guidance on our website at: http://Portal.ncdenr.org/web/wq/swp/ws/401/policies. 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: A7FD4A43-2388-4120-8AAB-1186BAF709D3 Eastfield Development DWR# 20221617v2 Request for Additional Information Page 2of2 5. Please note that during the site visit on September 12, 2023, Division staff observed unauthorized clearing within the 50-foot Neuse buffer along the stream in Block E. Therefore, the site is currently in violation of the Neuse buffer rules. Please ensure that your response and/or any updated development plans are compliant with the Neuse buffer rules and include any additional actions to resolve the current violation. Please note that further detailed review of the project will occur upon receipt of the response to the items noted above. Upon receipt of the requested information, additional requests may be necessary to determine compliance with all appropriate state regulations. Pursuant to Title 15A NCAC 02H .0502(e) / 15A NCAC 02B .0611, 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 or the Neuse Buffer 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 Sue.Homewood@deg.nc.gov if you have any questions or concerns. Sincerely, ESDocuSigned by: ft p�G 1�6SS 980C5097D80E4E9_. Stephanie Goss, Supervisor 401 & Buffer Permitting Branch Electronic cc: Jeff Harbour, Terracon Matt Marin, USACE Raleigh Regulatory Field Office Gabriela Garrison, NCWRC DWR RRO DWR 401 & Buffer Permitting Branch file Filename: 20221617v2 - Eastfield Dev - Johnston - 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 gaparNrM of Emironmanfal quay