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HomeMy WebLinkAbout20090292 Ver 1_More Info Letter_20090504A"oa 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 8652 RETURN RECEIPT REQUESTED May 4, 2009 DWQ# 09-0292 Randolph County Mr. Darren Lucas Starmount Development, LLC 2777 Cox Mill Rd Asheboro, NC 27205 Re: Section 401 Water Quality Certification application Dear Mr. Lucas: On March 20, 2009, the North Carolina Division of Water Quality (Division) received your application for a 401 General Water Quality Certification to impact 299 linear feet of stream to install a road crossing and development fill for the Starmount Development LLC, near Asheboro NC in Randolph 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. Your application has noted that the Stormwater Management Plan will be reviewed by the Division of Water Quality Stormwater Unit. Please provide a copy of the approval letter and one set of complete plans and specifications. 2. Starmount Development LLC is not a registered corporation in NC. The Water Quality Certification must be issued to a private individual, or a company registered to do business in NC with the Secretary of State Office. Please clarify who the legally responsible party will be for the development of this project. 3. Please provide more details regarding avoidance and minimization of stream impacts for this project. This should include alternative designs and layouts of the buildings, roads, parking areas, etc, including parking decks and multi-story buildings. Loss of space available for development such as a building or reduction in size of a building must also be considered in the analysis. North Carolina Division of Water Quality, Winston-Salem Regional Office Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 Phone: 336-771-50001 FAX: 336-771-46301 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer North Carolina Naturallrf Starmount Development LLC May 4, 2009 Page 2 of 3 4. Please provide the most recent version of the 1:24,000 USGS Topographic Map - Please cleanly draw or delineate the site boundaries on the topographic map. It is the opinion of the Division that the fifty feet of un-impacted perennial stream between the extended road culvert and the development culvert will lose its aquatic function due to the length of upstream and downstream culverts. The Division will require mitigation for this additional fifty feet of perennial stream at a ration of 1:1. We suggest that you consider stabilization options such as additional pipe, or riprap to ensure that if the open section de-stabilizes that it does not impact downstream segments. Please provide a new mitigation plan (EEP acceptance letter) that addresses this additional requirement. 6. Based on a site visit by the Division on May 4, 2009, the area noted as S3 impact, unnamed tributary coming from the YMCA property is a perennial stream, not intermittent as noted on the permit application. 7. Please provide drawings that include all impacts to jurisdictional and non jurisdictional wetland, stream, water features, and State regulated buffers must be shown and labeled on the site plans at a scale no smaller than 1" = 50'. All excavation, fill, flooding, stabilization, and other impacts that will be conducted in or near jurisdictional and non jurisdictional wetland, stream, water features, and State regulated buffers must be indicated. Please provide cross sectional details showing the provisions for aquatic life passage (burial of culvert 20% for culverts < 48 inches, and 1-foot for culverts > 48 inches). Per the requirements of the General Certification, all work shall be done "in the dry". Therefore, dewatering methods will be necessary to temporarily dewater the stream channels during structure installations. 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. 9. Per the requirements of GC 3705, please enumerate all temporary impacts (in addition to permanent impacts already indicated) to the stream channel. Temporary impacts include areas of disturbance necessary for proper pipe installation, proper dewatering, as well as any impacts from temporary erosion control measures or fill stabilization. Please note that temporary impacts should be minimized to the maximum extent practical. 10. Please provide a new page 5 of the permit application with a modified Table 3 that lists each impact area separately and accounts for all temporary impacts and modifications made to the project in response to this letter. 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. 4W Starmount Development LLC May 4, 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 contact me at 336-771-4964 or sue.homewood@ncmail.net. Sincerely, Sue Homewood DWQ Winston-Salem Regional Office cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email) Jesse Wilson, PE, Site & Utility Design Services PA (via email) DWQ Winston-Salem Regional Office DWQ Wetlands/401 Unit