20171256 Ver 2_More Info Requested_20171208

Water Resources
Environmental Quality
December 8, 2017
Scannell Properties
Attn: Mr. Joel J. Scannell
800 E 96th Street, Ste 175
Indianapolis, IN 46240
Subject: REQUEST FOR ADDITIONAL INFORMATION
Hodge Road Business Park
Dear Mr. Scannell:
ROY COOPER
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MICHAEL S. REGAN
Sccrelcrry
LINDA CULPEPPER
Micrim Direclor
DWR # 15-1256 v2
Wake County
On October 9, 2017, the Division of Water Resources (Division) received your
application dated October 9, 2017, requesting an Individual Water Quality Certification /
Buffer Authorization from the Division for the subject project, and Public Notice issued
by the U. S. Army Corps of Engineers and received by the Division on
October 27, 2017. The Division has determined that your application is incomplete and
cannot be processed. The application is on -hold until all of the following
information is received:
The proposed fill in Zone 1 of the riparian buffer is considered prohibited [15A
NCAC 02B .0233(6)] and will require a request for a Variance. Major Variances
are for any impacts within Zone 1 of the buffer. Approvals for Major Variances
may only be granted by the N.C. Environmental Management Commission -
Water Quality Committee (WQC) as required by 15A NCAC 02B .0233(9)(c).
Submit 3 copies of the Major Variance Application Form along with site plans or
revise the site plan to avoid the impact to Zone 1 of the riparian buffer. If the
applicant chooses to pursue a Major Variance then the application would need
to be received by December 30, 2017 to be eligible for the next available Water
Quality Committee meeting, which is on March 7, 2018.
2. Title 15A NCAC 02H .0506 requires that a proposed activity has no practical
alternative by demonstrating that, considering the potential for a reduction in
size, configuration or density of the proposed activity and all alternative
designs, the basic project purpose cannot be practically accomplished in a
manner which would avoid or result in less adverse impact to wetlands.
Because the preferred alternative involves impacting the majority of the
-:` - 'Nothing Compares =-
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

Scannell Properties
Request for Additional Information
December 8, 2017
Page 2 of 3
wetlands on the site, the Division cannot complete the review of this alternative
until the USACE determines that this alternative is the least environmentally
damaging practical alternative (LEDPA). Please provide correspondence from
the USACE indicating which alternative is selected as the LEDPA.
Pursuant to Title 15A NCAC 02H .0502(e) / 15A NCAC 02B .0233, the applicant shall
furnish the above requested information for the proper consideration of the application.
If the requested information is not received in writing within 30 calendar days of receipt
of this letter, the Division will be unable to approve the application and it will be
returned. The return of this project will necessitate reapplication to the Division for
approval, including a complete application package and the appropriate fee.
Please respond in writing within 30 calendar days of receipt of this letter by sending two
copies of the above requested information to the 401 & Buffer Permitting Branch, 1617
Mail Service Center, Raleigh, NC 27699-1617.
Please be aware that you have no authorization under the Section 401 of the Clean
Water Act /Buffer Rules for this activity and any work done within waters of the state
may be a violation of North Carolina General Statutes and Administrative Code.
You may contact me at 919-807-6360 or [e-mail] or Jennifer
Burdette at 919-807-6364 or [e-mail] if you have any questions or
concerns.
Sincerely,
Karen Higgins, SupLwNisor
401 & Buffer Permitting Branch
cc: Joel Scannell, Scannell Properties, 1765 Duke Street, Alexandria, VA 22314
Jim Spangler, Spangler Environmental, Inc., 4338 Bland Road, Raleigh, NC
27609
USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
Filename: 171526v2Hod geRdBus inessPk(Wake)_401_IC_NRB_Hold.docx