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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