20181194 Ver 1_More Info Requested_20181016

NORTH CAROLINA
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MICHAEL S. RECAN
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UNDDA CUL'PEPPER
Inferfm Director
October 16, 2018
DWR # 20181194
Mecklenburg County
SL Horton Road LLC
Attn: Mr. Dan Lacz
195 Morristown Rd
Basking Ridge NJ 07920
Subject: REQUEST FOR ADDITIONAL INFORMATION
Charlotte Intermodal Logistics Center
Dear Mr. Lacz:
On August 27, 2018, the Division of Water Resources — Water Quality Programs (Division) received your
application dated August 20, 2018, requesting an Individual Water Quality Certification from the Division
for your project. 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:
1. If the U.S. Army Corps of Engineers requests a response to any comments received as a result of
the Public Notice, please provide the Division with a copy of your response to the USACE. [15A
NCAC 02H .0502(c)]
2. Pursuant to 15A NCAC 02H.0506(a) a 401 Water Quality Certification may only be issued upon
determining that existing uses are not removed or degraded by a discharge to classified surface
waters. Based on the information provided in the application and associated documents, all
surface flow from the project is proposed to be rerouted through multiple stormwater control
measures. The outlets from the measures are proposed to be located along a different stream
channel within the property. The rerouting of the drainage area and surface flow has the
potential to remove existing hydrology and therefore remove existing uses within the stream
channel from the impact limits to the confluence with the perennial stream channel CH -100.
Please provide a thorough analysis and any additional information relative to this issue for
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

SL Horton Road LLC
DWR# 20181194
Request for Additional Information
Page 2 of 2
further review by the Division or provide an updated application that accounts for the secondary
and cumulative impacts to the remainder of intermittent channel CH -200.
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by sending one (1) copy of all of the above requested information
to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by
submitting all of the above requested information through this
link: https:Hedocs.deq.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on the
link is referenced above).
If all of the requested information is not received 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 be aware that you have no authorization under the Water Quality Certification 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.
Please contact Sue Homewood at 336-776-9693 or Sue.Homewood [e-mail] if you have any
questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Jennifer Robertson, ATLAS Environmental (via email)
David Shaeffer, USACE Charlotte Regulatory Field Office (via email)
Oliva Munzer, NCWRC (via email)
Byron Hamstead, USFS (via email)
DWR MRO 401 files
DWR 401 & Buffer Permitting Unit