20090489 Ver 1_More Info Letter_20090522

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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
May 22, 2009
Mr. Scott Campbell
145 Winners Circle
Clyde, NC 28721
Subject: Request for More Information
401 Water Quality Certification
Scott Campbell's Pond Remediation
DWQ Project # 09-0489
Haywood County
Response deadline: June 24, 2009 or 30 days from receipt
Dear Mr. Campbell:
The Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
Part 13.3.d. of the Pre-Construction Notification (PCN) application form indicates that the
purpose of the project is to repair damaged ponds. However, the narrative supplement to the
PCN indicates that the ponds are primarily for use as amenities. Additionally, the ponds have
not been in place for over two decades (p. 1 of the Narratvie supplement), so they are considered
to be "new" ponds. The Division discourages the use of "in-line" ponds for any purpose unless it
can be demonstrated that there are no other alternatives. Please explain why there are no other
practical alternatives to the proposed in-line ponds as required by 15A NCAC 2H.0506(b)(1).
As part of your purpose you must also provide an alternatives analysis that explores all other
livestock water sources (i.e., off-line cisterns). You may wish to contact your local Natural
Resources Conservation Service office to determine exactly what pond size may be needed to
water livestock - an off-line pond may be adequate and more appropriate for use with livestock.
2. Part D. l .a.of the PCN request avoidance an minimization. Please clearly explain how the
prO?,I )scd project is the absolute minimum amount of impact necessary to achieve the projects
purl :e. For sizing impoundments for agricultural purposes, a water balance analysis from the
Natural Resources Conservation Service (NRCS) may be appropriate.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 One
Internet: www.ncwaterquality.org Nort/jhCarnollina
An Equal Opportunity +. Affirmative Action Employer ;Va&144
Mr. Scott Campbell
May 22, 2009
Page 2
In accordance with 15A NCAC 2H .0506 (b), you must clearly demonstrate, through analytical
monitoring or modeling, that the proposed in-line ponds will not violate water quality standards.
Specifically, information must be provided as to how the in-line ponds and downstream will
meet the water quality standards for dissolved oxygen and temperature. The unnamed tributary
to Crabtree Creek is a Class C waterbody and must meet a dissolved oxygen level of 5 mg/1 and
a temperature not to exceed 2.8 degrees C (5.04 degrees F) above natural water temperature and
in no case exceed 29 degrees C (84.2 degrees F).
Please provide your response in writing to the addresses below prior to June 24, 2009 or 30 days from receipt.
Four copies of the required information should be provided to the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a single copy to the Asheville Regional Office at:
Ms. Susan A. Wilson
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary 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 DWQ. Please call Ms. Wilson 828-296-4665, if you have any questions.
Sincerely,
/
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Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Ms. Lori Beckwith, US Army Corps of Engineers Asheville Field Office
Cyndi Karoly - 401 Permitting Unit
Haywood County Planning
ARO File copy
Gregory Balk, Herron Associates, gregb a herronsurveying.com (e-copy)
G:\WPDATA\DEMWQ\Haywood\401s\Scott Campbell Pond Project\Scott Campbell Pond 09-0489 addinfo 5 2009.doc