20071250 Ver 2_Application Returned_20080724

?QF W APF9 Michael F. Easley, Governor
William G. Ross Jr., Secretary
bua7 North Carolina Department of Environment and Natural Resources
C3 Coleen H. Sullins, Director
Division of Water Quality
July 24, 2008
DWQ Project # 07-1250, Ver. 2
Mitchell County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Mike Vencill
Unimin Corporation
7638 NC Highway 226 South
Spruce Pine, NC 28777
Subject Property: Hawkins Mine Stream Relocation
Ut to North Toe River (Ut to Little Bear Creek) [040306, 7-2-45, C, TR]
RETURN OF APPLICATION
Dear Mr. Vencill:
On April 7, 2008, the Division of Water Quality (DWQ) received your application dated April 4,
2008, with additional information received from you on April 18, 2008, to fill or otherwise
impact 0.07 acres of 404/wetland, 6,495 linear feet of perennial stream, and 0.81 acres of open
water to relocate an onsite stream. On July 10, 2008, the DWQ received additional information
from you, however, the DWQ has determined that your application remains incomplete and/or
provided inaccurate information as discussed below.
Your response to our May 9, 2008, correspondence to you did not adequately address our
concerns, specifically the following:
Your proposed on-site mitigation (relocation/self-mitigation) is unacceptable.
Specifically, you have proposed relocating the flow from 17 perennial streams to one
channel, most of which is constructed on side slopes. The realigned channel ranges from
20' to 80' higher in elevation than the existing tributary valleys, resulting in removal of a
groundwater connection with the relocated "stream". Furthermore, in places the
relocated channel re-enters existing streams for limited lengths and these stream reaches
will be altered by the storm flows and will likely become unstable.
2. It is the opinion of this Office that the resulting "stream" will not function as a perennial
stream and will likely not replace the aquatic functions that are being lost. This is not a
"self-mitigating" project by any means. If this project is permitted as proposed, all
stream impacts (6,485 LF) must be mitigated. Per the new Federal Mitigation Rule, the
preferred sequence of mitigation is through purchase of credits from a private mitigation
bank (if available), through purchase of In-Lieu Fee credits from NCEEP, or restoration
of degraded streams at a nearby off-site location.
N r hcarolina
401 Oversight/Express Review Permitting Unit ?tumlltf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://b2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Unimin Corporation
Page 2 of 2
July 24, 2008
For these reasons your permit application is hereby considered returned. Once you have
redesigned your project to address the problems and inadequacies with your application as it was
submitted,. you will need to reapply for DWQ approval. This includes submitting a complete
application package with the appropriate fee.
Please be aware that you have no authorization under Section 401 of the Clear Water Act for this
activity and any work done within waters of the state would be a violation of North Carolina
General Statutes and Administrative Code. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at
919-733-1786 if you have any questions or concerns.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
cc: Kevin Barnett, DWQ Asheville Regional Office
Tom Walker, Field Chief, USACE Asheville Regulatory Field Office
Lori Beckwith, USACE Asheville Regulatory Field Office
File Copy
Central Files
Clement Riddle, CEC, 718 Oakland Street, Hendersonville, NC 28792
Filename: 071250 Ver2HawkinsMineStreamReloca tion(Mitc hell)Retu rned_A p pl ica do n
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Unimin Corporation
Attn: Mr. Mike Vencill
7638 NC Highway 226 South
Spruce Pine, NC 28777
DWQ# 07-1250-v2-Mitchell
3.
JD Agent
? Addressee
C. Date of Delivery
;ry addressY>lfff nt from item 1? U'Ye:
enter delivery ? No
1U(? !fJ?I ¦ow
Cer fWM6W- ? Express Mail'
Registered / Return Receipt for Merchandise
? Insured Mail LJ C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(Transfer from service la
PS Form 3811, February 2004
7008 0150 0001 3901 3983
Domestic Return Receipt
102595-02-M-1540
UNITED STATES POSTAL SERVICE Q SCE A First-Class Mail
sta e & Fees Paid
a
• Sender: Please print your name, addr s, and I + ri t#111?
i
S 26111
NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604