20171559 Ver 3_More Info Requested_20220121

Homewood, Sue
From: Homewood, Sue
Sent: Friday, January 21, 2022 3:45 PM
To: Wendee Smith; Miller, Vickie M. (Raleigh)
Cc: Masemore, Sushma; Smith, Danny; Wojoski, Paul A; Williams, Andrew E SAW
Subject: GRMS Comments
Good afternoon Wendee and Vickie,
The Division has reviewed your responses and associated documents that were submitted on December 29, 2021 and
January 14, 2022.
The Division is unable to complete a full review of all of your responses because the information/material provided was
insufficient to document and/or support the responses.
While the Division recognizes that continued efforts have been made to further the avoidance and minimization efforts
for the project, we have concerns that until final site design, layout and grading plans are completed and that
information is reviewed, that issuance of a 401 authorization will be premature. Any future changes to the proposed
site design or layout after issuance of the 401 will require formal application for modification of the 401. The Division
wishes to avoid multiple iterations of a 401 application review and approval given that the site layout, grading and
design continue to be under development.
The Division requires that the following items be submitted so that we may to continue our review of the 401
application pursuant to 15A NCAC 02H .0500:
• The recent responses identified several instances of additional avoidance and minimization, including the
removal of a proposed waste treatment and solar facility. Information provided also includes additional impacts
associated with a new access road. You have provided new impact maps, however these are insufficient to
adequately show the changes made to the proposed site layout. Please provide a new site layout map for the
project that clearly shows and labels all components of the site, and clearly includes the location of the new
access road in its entirety. Please also ensure that the site layout clearly shows the areas to be connected by the
proposed new access road.
• Provide a detailed engineering plan and profile for the culvert proposed under the new access road to document
that it will maintain natural stream function above and below the culvert as well as provide for aquatic passage
while in use.
• You state that this access road is necessary to provide safe travel between the site grading and field
offices. Please clarify if this access road will remain upon completion of grading/development of the site. If the
road will not be necessary upon completion of construction and removal of field offices/grading activities,
provide
• a restoration plan to be followed upon removal of the culvert proposed under the new access road.
• The updated impact sheets show the original locations for stormwater ponds. Please update the impact sheets
to show the revised locations of all features, including stormwater ponds and the locations for any ancillary
features that have been removed from the proposed site pad but are still proposed to be located on the
property (solar facility, waste treatment facility, etc.) Please label these items clearly. Please also review and
identify whether any additional access roads or utility lines will be necessary for the proposed new locations of
these ancillary features.
• The plan sheet that shows the location of the edge of fill impact and the location of the proposed outlet of Wet
Pond B2 indicate that there will be a portion of the stream channel between the limit of impact/fill and outlet of
the wet pond which is likely to experience a significant reduction in hydrology. Please determine this length of
stream channel and update the application and impact tales to include this length as indirect impacts.
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• The Division recognizes the efforts to reduce impacts to Streams S17 and S18 and wetlands adjacent to these
streams through continued avoidance and minimization measures. In order for the Division to re-evaluate the
concerns we have had for the potential of indirect impacts from reduced hydrology in these channels please
provide an impact plan sheet that shows the area encompassed by impact sheets 18, 19,22, and 23 with the
existing topography shown.
• In response to previous questions about the proposed phasing schedule of the project you indicated that "There
will be no phases of construction of the contiguous pad — site grading and construction of the pad will be
continuous". The response does not answer the question posed by the Division. While we acknowledge
preference to construct the pad in a continuous fashion, public announcements of the proposed Toyota battery
manufacturing facility indicated that the Toyota facility may be developed and operational in phases. Please
provide a detailed schedule of the proposed operation of the proposed Toyota facility.
• You have stated that the placement of fill would reduce the storage volume of Dodson's Lake and therefore
trigger requirements to modify the dam. Please provide detailed information related to this statement
including, but not limited to, an engineering report or other technical evaluation documenting the need for
modifications to the dam; a reference to regulations that require Dodson's lake to provide "storage capacity"; a
reference to regulations that would trigger modifications to the dam. You have stated that the cost of dam
modifications or reconstruction would be cost prohibitive. Provide a specific analysis of this statement. The
cost analysis must include cost savings in any reduction of stream and/or wetland mitigation from the preferred
on -site alternative.
• Please clarify if it is your intention to propose Permittee Responsible Mitigation for any portion of the mitigation
requirement for the proposed project. Review of a Permittee Responsible Mitigation proposal will take
significant time and effort by staff. The Division is concerned that you have indicated an extreme need that the
401 be issued as soon as possible in order to meet your construction schedule, however issuance of a 401
authorization would be premature if there will be modifications to the proposed mitigation plan. Please note
that upon issuance of the 401, impacts may not occur until the mitigation plan has been finalized. (e.g.,
payment in full to the mitigation provider.)
The Division would like to note the following item, which does not require a response:
• In Attachment B of your December 29, 2021 responses you stated that "There are 50-foot buffers on streams
within Water Supply Watershed Class III that are applicable to the site". The County has previously stated to the
Division that this site was approved under their Water Supply Ordinance by allocating it under their 10/70
allowance. This provision for the property would negate the buffer requirements on site. In addition, the WS-III
buffers do not provide for the same protections as a typical riparian buffer, rather the WS-III buffers only limit
impervious surfaces from within the buffer area rather than a protection of existing conditions/vegetation.
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
[e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
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