20090096 Ver 1_More Info Letter_20090218

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
CERTIFIED MAIL: 7008 0150 0002 7876 8560
RETURN RECEIPT REQUESTED
Ms. Robin Eddy
Mitchell Environmental P.A.
PO Box 341
Fuquay Varina, NC 27526
Re: Section 401 Water Quality Certification application
Dear Ms. Eddy:
February 18, 2009
DWQ# 09-0096
Alamance County
On January 28, 2009, the North Carolina Division of Water Quality (Division) received your application for a'401
General Water Quality Certification to impact 225 linear feet of stream to construct a parking area for the Glencoe Mill
Project near Burlington, NC in Alamance County. Additional information is required in order that we may determine
your project's compliance with 15A NCAC 2H.0500. The Division 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.
1. On February 17, 2009, Sue Homewood from the Division conducted a site visit and performed
intermittent/perennial stream determinations. The stream identified as S 1 was determined to be a
perennial stream and will require mitigation for impacts to the channel. The feature identified as a Swale
on the project drawings was determined to be an intermittent stream. Based on the results of this
determination and final accounting of the additional stream length that would be filled according to your
submitted plans, the Division will require a new site plan, modified application, and a mitigation plan for
your project.
The owner (or future owners) should notify the Division (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.
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Natmall#
Robin Eddy
DWQ # 09-0096
February 18, 2009
Page 2 of 3
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 Division 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. Division 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. Please provide a detailed analysis of avoidance and minimization within the areas of the stream impacts.
Discussion on site indicated that parking was inadequate without the impacts to the streams, please
provide detailed information to support this claim.
3. Your application must include a complete Stormwater Management Plan or clear indication that the plan
will be submitted to, and reviewed by, a certified local government or other state program.
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. Temporaryimpacts 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.
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.
Robin Eddy
DWQ # 09-0096
February 18, 2009
Page 3 of 3
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
Division. If you have any questions, please me at 336-771-4964 or [e-mail].
Sincerely,

Sue Homewood
DWQ Winston-Salem Regional Office
cc: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Carrie Elufurth, Glencoe Mill LLC, PO Box 12929, Raleigh, NC 27526
DWQ Winston-Salem Regional Office
DWQ Wetlands/401 Unit