20072251 Ver 1_More Info Letter_20080115

~~~ W ATF9 p Michael F. Easley, Governor
~0 G William G. Ross Jr:, Secretary
~ ~- North Carolina Department of Environment and Natural Resources
~ ~
p ~ Coleen H. Sullins, Director
Division of Water Quality
January 15, 2008
DWQ Project # 07-2251
Rutherford County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. John W. Lewis, Jr.
Town of Spindale
P.O. Box 186
Spindale, NC 28160
Subject Property: Thunder Road Force Main
Stonecutter Branch [030802, 7-26-1, C]
REQUEST FOR MORE INFORMATION
Dear Mr. Lewis:
On December 27, 2007, the Division of Water Quality (DWQ) received your application dated November
27, 2007, to fill or otherwise impact 112 linear feet of intermittent stream to construct the proposed sewer
improvements for the Town of Spindale, Thunder Road force main. The DWQ has determined that your
application was incomplete and/or provided inaccurate information as discussed below. The DWQ will
require additional information in order to process your application to impact protected wetlands and/or
streams on the subject properly. Therefore, unless we receive five copies of the additional information
requested below, we will have to move toward denial of your application as required by 15A NCAC 2H
.0506 and will place this project on hold as incomplete until we receive this additional information.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Cumulative Impacts
As you probably know, DWQ's rules require that we certify that the project will not result in
"cumulative impacts, based on past or reasonably anticipated future impacts, that cause or will
cause a violation of downstream water quality standards" NCAC 2H .0506(b)(4). In reviewing
your PCN, it is clear that construction of this sewer improvement will result in additional
commercial development. With respect to cumulative impacts, the Preconstruction Notification
(PCN -Section XN) form for the project asks,
"Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? [Yes or No] If yes, please
submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent
North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr. state.nc. us/ncwetlands."
Although, the "No" box was checked in regards to this question, as stated above, in reviewing
your PCN, it is clear that construction of this sewer improvement will result in additional
NothCaro) ~a
401 Oversight/Express Review Permitting Unit Qt1lCQ!!
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: httn://h2o.enr.state.nc.us/ncwetlands
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Town of Spindale
Page 2 of 2
January 15, 2008
commercial development. While this may be accurate, clearly there will be additional stream
impacts in order to develop the adjacent parcels and the stormwater from these developments may
cause a violation of downstream water quality standards. One way to address this concern is to
have the Town of Spindale commit to requiring on-site stormwater management measures (such
as level spreaders, bioretention or constructed wetlands) for the additional development when
those parcels are developed. However, the Division is open to other approaches that would give
us the assurance that downstream water quality would be protected from the cumulative impacts
of this project.
Please submit this information within 30 calendar days of the date of this letter. If we do not receive this
requested information within 30 calendar days of the date of this letter, your project will be withdrawn
and you will need to reapply with a new application and a new fee.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to disg'Qiss this matter.
Sinc ly,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBKlijm
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
George Whatley, BP Barber, P.O. Box 1116, Columbia, SC 29212-1116
072251 ThunderRoadForceMain(Rutherford)On_Hold