20060771 Ver 3_Notice of Withdrawal_20081212

QF WArF9Q Michael F. Easley, Governor
o t G. William G. Ross Jr., Secretary
Vj r North Carolina Department of Environment and Natural Resources
p Coleen H. Sullins, Director
Division of Water Quality
December 12, 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]
RETURN OF APPLICATION
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.
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.
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
Nose Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
The Inn At Celebrity Dairy
Page 2 of 2
December 12, 2008
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 2H
.0500 and must be appropriate to the type of impacts proposed.
10. You do not appear to have considered avoidance and minimization to Waters of the U.S./Waters
of the State in your site design. We will require this analysis should you choose to reapply for a
401 Water Quality Certification.
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.
Since y,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
cc: Lauren Cobb, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Matt Matthews, DWQ Wetlands and Stormwater Branch
Max Fowler, Dam Safety Program, Division of Land Resources
Robin Maycock, 5409 New Rebel Court, Youngsville, NC, 27596
Filename: 060771 Ver3CelebrityDairyPond(Chatham)Returned_Application
¦ 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:
The Inn at Celebrity Dairy
Attn; Ms. Ann Fleming Pfann
144 Celebrity Way
Siler City, NC 27344
DWQ# 06-0771-v3-Chatham
A. Signature
U/ ?
B. Received by (Printed Named /11C. Dat of elive
1? ???
D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
3. Service Type
Certified Mail ? Express Mail
Registered Return Receipt for Merchandise
? Insured Mail 10 C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(Transfer from service labs ?008 1830 0004 13 5 3 616.6
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• 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 suite250
Raleigh,NC 27604