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HomeMy WebLinkAbout20190288 Ver 1_more information requested_20190423ROY COOPER Governor MICHAEL S.REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental QaaGry April 23, 2019 DWR # 20190288 Watauga County Town of Beech Mountain Attn: Tim Holloman, Town Manager 403 Beech Mountain Pkwy Beech Mountain NC 28604 Subject: REQUEST FOR ADDITIONAL INFORMATION Buckeye Reservoir Modifications Dear Mr. Holloman: On February 26, 2019 the Division of Water Resources — Water Quality Programs (Division) received a modification request dated February 21, 2019 requesting a 401 Individual Water Quality Certification for the Buckeye Reservoir. The application fee was received on March 21, 2019. 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. The minimum flow release schedule that has been proposed is not in accordance with previous comments provided by the Division and other resource agencies. As proposed, the project will not meet downstream water quality standards and must be modified. The Division recommends scheduling a meeting between the applicant, their agents, and the permitting and resource agencies prior to resubmitting a modified minimum flow release schedule. [15A NCAC 02H .0506(b)] 3. Provide detailed information on how the Town will maintain outflows from the reservoir in the future. Information should be provided on the protocols used to adjust flows, including how the frequency of adjustment, whether the adjustments will be automated or manual, and how records of flows will be maintained. [15A NCAC 02H .0506(b)] 4. Provide details on the outflow structure, including at what elevation it will be set in relation to the lake bottom or normal pool elevation. [15A NCAC 02H .0506(b)j North Carolina Department or Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mall Service Center I Raleigh, North Carolina 27699-1617 rmn�cvrs o..•..ee.r�u o. r 919.707.9000 Town of Beech Mountain DWR# 20190288 Request for Additional Information Page 2 of 2 5. Provide information on the progress of upfitting the dam gate and valve with a mechanized valve and gate. [15A NCAC 02H .0506(b)] 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://edocs.deg.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@ncdenr.gov if you have any questions or concerns. Sincerely, r Karen Higgins, Supe rviso 401 & Buffer Permitting Branch cc: Clemmont Riddle, ClearWater Environmental Consultants (via email) Amanda Fuemmeler, USACE Asheville Regulatory Field Office (via email) Andrea Leslie, NCWRC (via email) Byron Hampstead, USFS (via email) Fred Tarver, DWR (via email) Harold Brady, DWR (via email) DWR WSRO 401 files DWR 401 & Buffer Permitting Unit Filename: 20190288Bu ckeyeReservoi r(W ata uga)_401_I C_HOLD