20080889 Ver 1_Application Returned_20080724

WATF9 p Michael F. Easley, Governor
`Q G William G. Ross Jr., Secretary
Uj North Carolina Department of Environment and Natural Resources
-{
Coleen H. Sullins, Director
Division of Water Quality
July 24, 2008
DWQ Project # 08-0889
Richmond County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Monty Crump, City Manager
City of Rockingham
514 Rockingham Road
Rockingham, NC 28379
Subject Property: Steele's Mill Dam Removal
Hitchcock Creek [030716, 13-39-(10), C]
RETURN OF APPLICATION
Dear Mr. Crump:
On May 29, 2008, the Division of Water Quality (DWQ) received your application dated May
28, 2008, to fill or otherwise impact 0.008 acres of 404/wetland (0.002 acres permanent impact,
and 0.006 acres temporary impact) and 328 linear feet of perennial stream (81 linear feet
permanent impact, and 247 linear feet temporary impact) to conduct a dam removal and stream
restoration at the site. On July 23, 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 July 7, 2008, correspondence to you did not adequately address our
concerns, specifically the following:
1. Please provide specific plans for Phase II proposed activities.
2. Additionally, NC WRC recommends a mussel survey be conducted approximately one
month prior to any in-stream activities. If mussels are found they should be relocated to
appropriate habitat downstream of the bridge. In-stream activities should be performed
between October 15 and March 15. 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.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
N e hCarolina
Noatuta!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
City of Rockingham
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.
Sin el ,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
cc: Ken Averitte, DWQ Fayetteville Regional Office
USACE Wilmington Regulatory Field Office
Shari Bryant, Division of Inland Fisherires, 1721 Mail Service Center, Raleigh, NC 27699-1721
File Copy
Central Files
Kevin Tweedy, Baker Engineering, 8000 Regency Parkway, Suite 200, Cary, NC 27518
Filename: 080889SteelesMiliDamRemoval(Richmond)Returned_Application
Tom.
A.
? Agent
? Addre
¦ Complete items 1; f, and 3. Also complete
item 4 if Restricted DellvOrs desired.
¦ Print your rlaltle and address on the reverse
so that we'cgi cp ret't'
rn .ca
thy, rd to you.
¦ Attach this-ard to the back of the mailpiece,
or on the front if space permits.- '
1. Article Addressed to:
City of Rockingham
Attn: Mr.Monty Crump, City Mgr.
514 Rockingham Road
Rockingham, NC 28379
DWQ# 08-0889-Richmond
B. ReEeived by (PV pi
r "
D. Is delivery address different from item 1? U Yes
If YES, enter delivery address below: ? No
3. Service Type
I? Certified Mail ? Express Mail
Registered Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(rransfer from service late 7008 0150 0001 3901 4027
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
UNITEd1'`?'SIkJ`PE5@TRt(
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604