HomeMy WebLinkAbout20240379 Ver 1_More Info Requested_20240514ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
May 14, 2024
DWR # 20240379
DWI # SRP-W-ARP-0326
Harnett County
Mr. Jay Meyers, P.E. (Email)
for Town of Lillington
102 East Front Street
P.O. Box 296
Lillington, NC 27546
Delivered via email to: may@meyersengineering.net
Subject: REQUEST FOR ADDITIONAL INFORMATION
Lillington South Regional Sewer Extension - Project
Dear Mr. Meyers:
On March 3, 2024, with fee received on April 8, 2024, the Division of Water Resources (Division)
received your application requesting a 401 Individual Water Quality 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:
In the PCN the response for CA. Protect Description 41. "The expansion will lay underground
pipeline along the existing pipeline... moving the pump station to the north would mean adding
approximately 500 feet ... It would negatively impact the developable area... making property
acquisition more costly for the town." Seems to contradict the response under 5.E.1. Avoidance
and Minimization, where it is stated "...the force main alignment was moved to the north so as to
minimize wetland impact as opposed to following the existing gravity sewer, even though this
resulted in need for acquiring additional easements..."
Please clarify which statement(s) accurately describe the current plan and how the plan minimizes
wetland impacts. Provide further justification as needed to adequately document that all
reasonable avoidance and minimization efforts have been taken.
Table of Wetlands Impacts show W1 to W5 but plan sheets show W1, W2, W5 and W6. Please
clarify nomenclature and correct either impacts table or labels on all Plan sheets and resubmit
updated documents.
The two Wetland Impacts plan sheets show the limit of disturbance up to the top of streambank
or across stream (Between W1 and W2 and near W5). Standard 401 Certification requirement
states "Any utility construction corridor that is parallel to a stream or open water shall not 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
NOR1H CAROL Na 919.707.9000
Lillington South Regional Sewer Expansion - Project
DWR# 20240379
Request for Additional Information
Page 2 of 3
closer than 10 feet to the top of bank or ordinary high-water mark." If this requirement cannot be
met in a specific location, please identify that location and provide details of why the project
cannot be modified to meet this condition. Please also submit a very detailed construction
sequence that includes additional measures that will be taken to protect long term stream
stability and to protect downstream water quality standards.
4. There are no stream impacts (temporary or permanent) stated in the PCN. Please confirm that is
accurate or update accordingly and provide detailed plan sheets at a closer scale as needed.
5. Standard 401 Certification requirements state, "Construction corridors in wetlands and/or across
stream channels shall be minimized to the maximum extent practicable and shall not exceed 40
feet wide." Please confirm there are no areas that will exceed 40' of disturbance (temporary or
permanent).
6. PCN states under item C.4b. "A new easement will be established with the expansion." Standard
401 Certification regulation states, "Permanent maintained access corridors in wetlands and
across stream channels shall be restricted to the minimum width practicable and shall not exceed
30 feet wide." Permanent easements are different than permanent, maintained corridors. Do
you intend to have permanent, maintained corridors wider than 30 feet? If so, justify.
7. Item E.4h. on PCN states mitigation is waiting for a letter form in -lieu program. Please provide a
copy of the letter or current status.
8. On the PCN Item G.1. is answered "No"; however, this is noted as an ARPA funded project, which
are public funds. The answer should be, "Yes", with a comment / reference to the project # SRP-
W-ARP-0326. No additional comments are required on this item it is noted for future reference.
9. On the PCN item G.3b. The comment is specific to Pump Station and Collection System capacity,
but does not address potential downstream water quality cumulative impacts from additional
construction/development. Please provide additional narrative description.
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.
North Carolina Department of Environmental Quality I Division of Water Resources
D � 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoalHCaaD_NA 919.707.9000
Lillington South Regional Sewer Expansion - Project
DWR# 20240379
Request for Additional Information
Page 3 of 3
Please contact Maria Schutte at 704-235-2184 or.Maria.Schutte@deg.nc.gov if you have any questions
or concerns.
Sincerely,
DocuSigned by:
F161FB69A2D84A3...
Andrew H. Pitner, P.G., Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Electronic cc: Julie Davidson, Agriwaste Technology, Inc. (Idavidson@agriwaste.com)
Katharine Elks, USACE Wilmington Regulatory Field Office
(Katharine.B.Elks(@usace.armv.mil)
Alicia Gregory, Town of Lillington, (aladams@lillingtonnc.org)
Trent Allen, OCI ARPA, Fayetteville Regional Office
DWR 401 & Buffer Permitting Branch file
Filename: 20240379 Lillington South Regional Sewer Expansion - Harnett - addinfo.docx
D � ��� 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
NOR1H CARou Na 919.707.9000