20090139 Ver 1_Notice of Withdrawal_20090325

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 25, 2009
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
DWQ Project # 09-0139
Person County
Mr. Bob Gibbs, General Manager
EPCOR, USA, NC, LLC
Post Office Box 1156
Roxboro, NC__27573
Subject Property: EPCOR, USA, NC, Roxboro Plant
Mitchell Creek [030205, 22-58-12-6-3, C]
RETURN OF APPLICATION
Dear Mr. Gibbs:
On February 12, 2009, the Division of Water Quality (DWQ) received your application dated February
10, 2009, to fill or otherwise impact 197 linear feet of stream and an unspecific amount of open water
impact to construct the proposed access road to the plant at the site. On March 6, 2009, the DWQ and
March 19, 2009, received additional information from you, however, the DWQ has determined that your
application remains incomplete and/or provided inaccurate information as discussed below.
1. Impacts of 150 linear feet of stream or more require a fee of $570. You have only submitted a
fee of $240. If you reapply, you will need to submit the full required fee of $570.
2. In Section 4, Open Water Impacts of your PCN application, you list Area of Impact as < 1 acre
Please quantify this amount.
After numerous pre-application conversations, you failed to provide an appropriate Stormwater
Management Plan. Per the requirements of GC 3705, this project must comply with SMP
Requirements for Applicants Other Than the North Carolina Department of Transportation,
available at:
htto://h2o.enr.state.nc.us/ncwetiands/documents/SMPReciuirementsforAnt)IicantsotliertlianNCD
OT.pdf.
When you reaDDly. you must Drovide an SMP that removes a minimum of 85 percent TSS
from the stormwater generated by this uroiect that is not directed to a wastewater
treatment plant. For each proposed BMP, you must provide a completed BMP Supplement
Form, with all the required items. The BMP Supplement Forms are available at the following
web site: http://h2o.enr.state.nc.us/su/bmp_forms.htm.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
NorthCarolina
?atura!!r?
An Equal Opportunity 1 Affirmative Action Employer
EPCOR, USA, NC, LLC
Page 2 of 2
March 25, 2009
4. Although the site plan is now provided at an appropriate scale, the plan does not provide the
following information that was requested during pre-application phone conversations:
a. Current and proposed topographic contours on the site,
b. The locations and drainage areas of all stormwater outfalls, and
c. A clear depiction of which parts of the site are draining to stormwater outfalls versus a
wastewater treatment facility. Site areas that are treated by a wastewater treatment
facility should not be included as part of a drainage area of a stormwater outfall.
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.
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 1y
UA
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/Um
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
James C. Moore, EPCOR, USA, 2000 York Road, Oak Brook, IL 60523
Filename: 090139EPC0R USA NC RoxboroPlant(Person)Retumed_Application
¦ Complete items 1, 2, and 3. Also complete
em 4 if Restricted Delivery is desired.
Pr our name and address on the reverse
so th we can return the card to you.
¦ tach is card to the back of the mailpiece,
or n the front if space permits.
1. Article Add ssed to:
'4VW
EPCO"DZ SA NC LLC
bs
x1-1 SC'
xboro NC 27573
DWQ 09-0139 Person County
D. Is delivery address different fronaJArn 1
If YES, enter delivery address below:

? Agent
? Addressee
Date f Delivery
o
? Yes
? No
3. Service Type
Certified Mail Express Mail
Registered Return Receipt for Merchandise
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4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(Transfer from service label) 7007 2560 0001 1381 0834
PG Fnrm 3A`11 Fchn??ni onnn n •i o •... o _i_. _____ __ __
UNITED STATES POSTAL SERVICE

• Sender: Please print your name, address, and ZIP+4 in this box •
NC DFNR Division of eater Quality
401 Oversight/Express Unit
2321 Crabtree [3oulevard, Suite 250
Raleigh, NC 27604
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USPS
Permit No. G-10
I.)III IIIIII III! III i, If III IIIII„iIII III )1111111