20081163 Ver 1_More Info Letter_20080825

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
August 25, 2008
DWQ# 08-1163
Rockingham County
CERTIFIED MAIL: 7008 0150 0002 7876 8188
RETURN RECEIPT REQUESTED
Mr. David Nishida
Wetland and Natural Resource Consultants
PO Box 1492
Sparta, NC 28675
Re: Section 401 Water Quality Certification application
Dear Mr. Nishida:
On July 30, 2008, the North Carolina Division of Water Quality (DWQ) received your application for a 401
General Water Quality Certification to impact 275 linear feet of streams to construct road crossings, driveway
crossings, and a temporary crossing for the Mayo Forest Residential Subdivision near Stoneville in Rockingham
County. Additional information is required in order that we may determine your project's compliance with 15A
NCAC 2H .0500. The DWQ will require this information in order to process your application to impact
protected wetlands and/or streams on the subject property. Therefore, we will place this project on hold as
incomplete until we receive this additional information, and if we do not receive the additional information
requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506.
Please provide the following information so that we may continue to review your project.
On August 25, 2008, Sue Homewood from the DWQ conducted a site visit and performed
intermittent/perennial stream determinations. A site visit was also conducted by the USACE on August
19, 2008 The Division is aware that the stream identified as Channel 100 at the impact site 2 has been
determined to require mitigation per the USACE. In addition, the stream identified as Channel 300 was
determined to be perennial by both agencies. Based on the results of this determination and final
accounting of the additional perennial stream length that would be filled according to your submitted
plans, the DWQ will require a new site plan and mitigation plan for your project.
The owner (or future owners) should notify the DWQ (and other relevant agencies) of this decision in any
future correspondences concerning this property. This on-site determination shall expire five (5) years from
the date of this letter.
NOne Carolina
tmully
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Winston-Salem Regional Office Winston-Salem, NC 27107 Fax [phone]
Internet: www.ncwaterguality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. David Nishida
Mayo Forest SD
August 25, 2008
Page 2
Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local
Authority that a surface water exists and that it is subject to the buffer rule may request a determination
by the Director. A request for a determination by the Director shall be referred to the Director in writing
c/o Cyndi Karoly, DWQ, 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Suite
250, Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
Authority that "exempts" surface water from the buffer rule may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the
60-day statutory appeal time does not start until the affected party (including downstream and adjacent
landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification
in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a
written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is
final and binding unless you ask for a hearing within 60 days.
2. Based on the new information regarding the stream rating at Impact area #2, please provide a
detailed analysis of avoidance and minimization within this area.
3. Please provide an avoidance and minimization analysis for stream impacts #3 and #4.
Specifically, the Division strongly recommends that a shared driveway, with only one stream
crossing, be utilized at this location.
4. Per the requirements of GC 3705, please enumerate all temporary impacts (in addition to
permanent impacts already indicated) to the stream channel and any wetland areas. Temporary
impacts also include areas of disturbance necessary for proper pipe installation as well as any
impacts from temporary erosion control measures expected to be installed within any
jurisdictional areas. Please note that temporary impacts should be minimized to the maximum
extent practical.
5. Per the requirements of GC 3705, all work be done "in the dry". Therefore, dewatering
methods will be necessary to temporarily dewater the stream channel during pipe installation.
Please provide a construction sequence that details the method of dewatering to be utilized at
the site and the sequence of construction events to be followed to ensure compliance with this
condition.
6. Please provide a detailed engineering plan and cross-section of all proposed culverts. These
drawings must include details regarding stream alignment in relation to pipe alignment, pipe
slope, and pipe burial.
Please respond in writing within 30 calendar days of the date of this letter by sending a copy of this information
to Sue Homewood at the address on this letterhead, and a copy to Ian McMillan N. C. Division of Water
Quality, Wetlands/401 Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. If you will not
be able to provide the requested information within that timeframe, please provide written confirmation that you
intend to provide the requested information, and include a specific timetable delineating when the requested
materials will be provided. If we do not hear from you in 30 calendar days, we will assume that you no longer
want to pursue this project and we will consider the project as returned.
Mr. David Nishida
Mayo Forest SD
August 25, 2008
Page 2
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. If you have any questions, please contact Sue Homewood, DWQ, Winston-Salem
Regional Office, at 336-771-4964 or [e-mail].
Sincerely,
Steve W. Tedder
Regional Supervisor
DWQ Winston-Salem Regional Office
cc: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Charles Rakestraw, Rakestraw Investment Company, PO Box 1, Stoneville NC 27048
DWQ Winston-Salem Regional Office
DWQ Wetlands/401 Unit
DWQ Central Files