Add Info Response 20240403

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Winston, Joey
From:Jon Swaim <[e-mail]>
Sent:Wednesday, April 3, 2024 10:09 AM
To:Winston, Joey
Cc:Healy, Shannon CIV USARMY CESAW (USA); Leslie, Andrea J
Subject:[External] RE: Request for Additional Information, Bobby N Setzer State Fishery Hatchery
Renovations, Transylvania County (DWR #20240035)
Attachments:Bobby N Setzer Fish Hatchery Renovations - NCDWR Request for Information -
4.3.24.pdf
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Joey, thank you for your comments pertaining to the Setzer renovations project. Please find our attached
response letter detailing the additional information you requested.

I can be reached anytime if you have further questions or comments.

Thank you,

Jon Swaim
Practice Area Leader, Environmental Services
McGill Associates, PA
1240 19th Street Lane NW, Hickory, NC 28601
T 828.328.2024
C 828.434.0951
[e-mail]
mcgillassociates.com

From: Winston, Joey <[e-mail]>
Sent: Monday, March 4, 2024 4:08 PM
To: Jon Swaim <[e-mail]>
Cc: Healy, Shannon CIV USARMY CESAW (USA) <[e-mail]>; Leslie, Andrea J
<[e-mail]>
Subject: Request for Additional Information, Bobby N Setzer State Fishery Hatchery Renovations, Transylvania County
(DWR #20240035)

Mr. Swaim,

On January 8, 2024, the Division of Water Resources (Division) received your applica Ɵon requesƟng a 401 Water Quality
CerƟficaƟon from the Division for the subject project. The Division has determined that your applica Ɵon is incomplete
and cannot be processed. The applicaƟon is on-hold unƟl all of the following informaƟon is received:

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1. The project proposes to install two grit removal systems, one at each intake pipe in Grogan Creek (Cedar Rock
Creek) and the Davidson River. The PCN, addiƟonal informaƟon received from NCWRC (aƩached), and pre-
applicaƟon discussions indicate that an operaƟon plan is sƟll being developed for these systems, but that they
will primarily discharge sediment during high storm flows with increased sediment loads. These two streams are
classified Trout and have a turbidity standard of 10 NTU. When turbidity exceeds this level due to natural
background condiƟons, such as during storm flows with high sediment transport, the exis Ɵng turbidity level shall
not be increased. Please describe the measures proposed to ensure the operaƟon of these grit removal systems
will not exceed the turbidity standard. [15A NCAC 02H .0506(b)(2); 15A NCAC 02B .0211(21)]

2. The PCN indicates that the project’s purpose is to improve the facility’s yield through several techniques,
including an increase in capacity, improved water supply reliability, and a redesign of raceways. The PCN also
describes exisƟng challenges in water availability. Please confirm that the redesign will not lead to the
withdrawal of addiƟonal water during low flow events, causing harm to the aqua Ɵc habitat downstream of the
the intakes at Grogan Creek and the Davidson River. [15A NCAC 02H .0506(b)(2); 15A NCAC 02B .0211(2)]

3. The Division has received comments indicaƟng that the project plans include erosion control maƫng containing
polypropylene. The Division does not allow maƫng that incorporates plasƟc mesh and/or plasƟc twine along
streambanks or within wetlands due to its harmful effects to aquaƟc life. Please confirm that maƫng used along
stream banks and within wetlands will not contain plasƟc mesh and/or plasƟc twine. [15A NCAC 02H
.0506(b)(2); 15A NCAC 02B .0211(2)]

4. The Division received addiƟonal project informaƟon from the NC Wildlife Resources Commission on February 8,
2024, which addressed some of the Division’s concerns. This informaƟon has been aƩached to this request.
Please confirm this informaƟon so it can be added to the project applicaƟon. [15A NCAC 02H .0502(a)(4); 15A
NCAC 02H .0506(b)(3)]

5. Please provide an agent authorizaƟon leƩer authorizing Jon Swaim to act on behalf of Brad Kleinmaier and the
NC Wildlife Resources Commission for the SecƟon 401 Water Quality CerƟficaƟon applicaƟon. A sample Agent
AuthorizaƟon Form is aƩached, if needed. [15A NCAC 02H .0502(a)(11)]

Pursuant to Title 15A NCAC 02H .0502(c), the applicant shall furnish all of the above requested informa Ɵon for the
proper consideraƟon of the applicaƟon. Please provide your response by April 5, 2024. If all of the requested
informaƟon is not received, the Division will be unable to approve the applicaƟon and it will be denied as incomplete.
The denial of this project will necessitate reapplicaƟon to the Division for approval, including a complete applicaƟon
package and appropriate fee.

Please let me know if you have any ques Ɵons.

Regards,
Joey

Joey Winston
Environmental Specialist II, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone] | Cell: [phone]
[e-mail]
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