20060771 Ver 3_More Info Letter_20081014

p?pF W ATF9QG Michael F. Easley, Governor
William G. Ross Jr., Secretary
t- North Carolina Department of Environment and Natural Resources
Q Coleen H. Sullins, Director
Division of Water Quality
October 14, 2008
DWQ Project # 06-0771, Ver. 3
Chatham County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Ms. Ann Fleming Pfann
The Inn at Celebrity Dairy
144 Celebrity Way
Siler City, NC, 27344
Subject Property: Celebrity Dairy Pond
Ut to Dry Creek, [030604,16-34-(03), C, NSW]
REQUEST FOR MORE INFORMATION
Dear Ms. Pfann:
On September 22, 2008, the Division of Water Quality (DWQ) received your application dated
May 20, 2008 to fill or otherwise impact 3,691 feet of stream (fill 191 linear feet of perennial
stream, flood 1,500 linear feet of perennial stream and flood 2,000 linear feet of intermittent
stream), in order to construct the proposed dam and pond at Celebrity Dairy, for the purpose of
irrigation, for sustainable agriculture education projects, forage crops, livestock and for fire
protection for the existing inn. 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 property. Therefore, unless we receive five copies of the additional information
requested below, we will place this project on hold as incomplete until we receive this additional
information. If we do not receive the requested information, your project will be formally
returned as incomplete. Please provide the following information so that we may continue to
review your 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will be withdrawn and you will need to reapply with a new application and a new fee.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 discuss this matter.
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..oh?Carohna
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
The Inn at Celebrity Dairy
Page 2 of 3
October 14, 2008
Additional Information Requested:
1. Please verify that the U.S. Army Corps of Engineers is processing your permit under a
Nationwide No. 39 and not an Individual Permit.
2. Please re-submit your site plans on full plan sheets at a scale of no smaller than 1 "=50',
clearly indicating contour lines and proposed impounded area (normal pond level
elevation and depth) in plan and profile view.
3. Please provide cross section details showing the provisions for aquatic life passage.
4. Please provide a more robust alternatives analysis, including a narrative discussing why
the existing onsite pond could not be modified to serve the purpose and need of the
project or why an off-line pond could not be excavated.
5. Please provide a more robust avoidance and minimization narrative. It is the opinion of
this Office that an 11+ acre irrigation/fire suppression lake is excessive.
6. Please submit complete and comprehensive dam details.
7. Please discuss how water quality standards will be maintained within the impoundment.
8. Please provide structural design drawings and details for the dam, including the plan and
profile views illustrating the height, toe, materials, and spillway.
9. 191 linear feet of compensatory stream mitigation is required for this project. Please
provide a compensatory mitigation plan. The plan must conform to the requirements of
15A NCAC 21-1.0500 and must be appropriate to the type of impacts proposed.
Again, we strongly recommend that you contact the Division of Land Resources to ensure that
the dam is designed and constructed in compliance with the Dam Safety Law of 1967, especially
since you are proposing a 14.9-foot dam. You can reach Max Fowler or Bill Denton with the
Dam Safety Program in Raleigh at 919-733-3833.
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 discuss this matter.
The Inn at Celebrity Dairy
Page 3 of 3
October 14, 2008
Sin erely
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm
cc: Lauren Cobb, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Matt Matthews, DWQ Branch Manager
Max Fowler, Dam Safety Program, Division of Land Resources
Robin Maycock, 5409 New Rebel Court, Youngsville, NC, 27596
Filename: 060771 Ver3CelebrityDairyPond(Chatham)On_Hold
¦ 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.
Article Addressed to:
The Inn at Celebrity Dairy
Attn: Ms. Ann Fleming Pfann
144 Celebrity Way
Siler City, NC 27344
DWQ# 06-0771-v3-Chatham
Iral?Tr???r?r:1??9x.3rC?7??L?7JI.7?/19d:?•
A. Signature
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B. Received b (Printed Na r70M of Delivery
D. Is delivery address different from item 1? ? Yes
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2. Article Number
(Transfer from service1 7008 1300 0001 2224 9252------
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
UNITED STATES POSTAL SERVICE

• 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
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Postage 8 Fees Paid
USPS
Permit No. G-10
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