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HomeMy WebLinkAbout20190289 Ver 1_More Info Requested_20190919ROY COOPER Governor MICHAEL S.REGAN Seaetary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality September 19, 2019 DWR # 20190289 Guilford County Publix Super Markets Inc. Attn: Randy Barber 501 North Galloway Lakeland FL 33815 Subject: REQUEST FOR ADDITIONAL INFORMATION Publix Distribution Center Dear Mr. Barber: On March 5, 2019, the Division of Water Resources — Water Quality Programs (Division) received your application dated February 15, 2019, requesting an Individual Water Quality Certification and a Jordan Lake Buffer Authorization from the Division for your project. On August 16, 2019 the Division received additional information from Timmons Group on your behalf in response to a request issued on March 28, 2019. The Division has determined that your application remains incomplete and cannot be processed. The application is on -hold until all of the following information is received: 1. As the Division has the same questions and concerns raised by the US Army Corps of Engineers in their letter to you dated September 7, 2019, please provide the Division with a copy of your response to items 3, 5 and 7 of their request. [15A NCAC 02H .0506(b)(4)] 2. Please provide additional information regarding the indirect and cumulative impact analysis that you have provided for the project. Specifically, your analysis indicates that the project will likely stimulate growth. The sequential following question posed by the Division's policy (http://portal.ncdenr.org/web/wq/swp/ws/401/policies) is "are the existing uses of the water likely to be impacted by the growth [emphasis added]?" Your analysis provides information regarding impacts to be expected from the Project, however the Division's policy is specifically requesting an analysis of expected downstream water quality impacts as a result of the growth that the project is likely to stimulate. [15A NCAC 02H .0506(b)(4)] Pursuant to Title 15A NCAC 02H .0502(e) and 15A NCAC 02B .0267, 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 submitting all of the above requested information North Carolina Department of Environmental Quality I Division of Water Resources _E �� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617 nom,�v+ais+. �.,/ 29UV=_--; +� / 919.707.9000 Publix Super Markets Inc. DWR# 20190289 Request for Additional Information Page 2 of 2 through this link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on the link is referenced above) OR 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. 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.eov if you have any questions or concerns. Sincerely, Mac Haupt, A, 401 & Buffer Permitting Branch cc: Brian Breissinger, Timmons Group (via email) Phil Harris III, NCDOT (via email) David Bailey, USACE Raleigh Regulatory Field Office (via email) Olivia Munzer, NCWRC (via email) DWR WSRO 401 files DWR 401 & Buffer Permitting Unit