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HomeMy WebLinkAbout20240238 Ver 1_More Info Requested_20240321DocuSign Envelope ID: 5DB7D450-D1DE-455F-8C47-759F597CBED9 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality March 21, 2024 DWR # 20240238 Davidson/Guilford Counties TKC Land Development II, LLC Attn: Mr. Justin Curis 4500 Cameron Valley Pkwy, Suite 400 Charlotte NC 28211 Delivered via email to: jcuris@thekeithcorp.com Subject: REQUEST FOR ADDITIONAL INFORMATION South Point Commerce Center Dear Mr. Curis: On February 12, 2024, 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. If the US Army Corps of Engineers (USACE)requests a response to any comments received as a result of the Public Notice, please provide the Division with a copy of your response to the USACE. 2. The Division requires confirmation from the USACE regarding the non -jurisdictional status of Wetland WL 4000. 3. Please provide a detailed engineering plan, profile view, and cross-section of the proposed culvert/road crossing impact area. These drawings must include details regarding stream alignment in relation to pipe alignment, pipe slope, pipe burial, and dissipater pad (riprap) if required for velocity control. Please enumerate and clearly label the temporary and permanent impacts on the site plan. If riprap is required, please enumerate and ensure that the plans provide for the riprap to be located below the stream bed elevation. 4. The proposed plan sheet appears to show utility easements within the project limits, please clarify if the utility lines shown on the plans are existing or proposed. North Carolina Department of Environmental Quality I Division of Water Resources 0__ Fm Q 512 North Salisbury Street 1 1611 Mad Service Center I Raleigh, North Carolina 27699-1611 \ o/ 919.707.9000 DocuSign Envelope ID: 5DB7D450-D1DE-455F-8C47-759F597CBED9 South Point Commerce Center DWR# 20240238 Request for Additional Information Page 2 of 3 5. 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 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;" a. Based on the plans provided, it appears that the entire watershed to CH 700A and CH 700B will be impacted and surface flow and any expected infiltration/shallow subsurface flow will be rerouted to Stormwater Control Measures which discharge to other streams. Since these are the two main sources of flow in intermittent stream channels in the Piedmont, it appears that this channel will no longer have sufficient hydrology to support a functional use. Please include this stream channel as indirect impacts within the proposed application. 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. D � R- North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mad Service Center I Raleigh, North Carolina 27699-1611 DocuSign Envelope ID: 5DB7D450-D1DE-455F-8C47-759F597CBED9 South Point Commerce Center DWR# 20240238 Request for Additional Information Page 3 of 3 Please contact Sue Homewood at 336-813-1863 or Sue. Homewood @a deq.nc.gov if you have any questions or concerns. Sincerely, Stephanie Goss, Supervisor D�ocnu'S,ign'ed 'by: -A Sc�Y IAA t,it, (Ill SS 980C5097D80E4E9... 401 & Buffer Permitting Branch Electronic cc: Jennifer Robertson, ATLAS Emily Greer, USACE Charlotte Regulatory Field Office Olivia Munzer, NCWRC DWR 401 & Buffer Permitting Branch file Filename: 20240238 South Point Commerce Center - Davidson - Guilford - addinfo.docx D � R- North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mad Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 D,o-- f E���--t.l Q-1� /`�