HomeMy WebLinkAbout20070168 Ver 1_Application Returned_20080123~o~ wArFRO Michael F. Easley, Governor
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~ ~ir/~ ~ North Carolina Department of Environment and Natural Resources
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s Division of Water Quality
SURFACE WATER PROTECTION SECTION
January 23, 2008
DWQ Project # 07-0168
McDowell County
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 7002 0460 0001 98989 6517
Todd Black
Fall Creek Land Company
Post Office Box 638
Hickory, North Carolina 28603
Subject Property: Grandview Peaks
McDowell County
Project Return as Incomplete
Dear Mr. Black:
On December 6, 2007, the Division of Water Quality (DWQ) received your additional
information responses in regards to your request to fill streams as part of your
residential development. As of today, the DWQ has not received a satisfactory
response to all of the items discussed in the additional information requests. Therefore,
we are returning your application as incomplete in accordance with 15A NCAC 2H
.0506.
Should you decide to pursue your project, the following items must clearly be included
in any future application to the Division of Water Quality for filling Waters of the State:
• .You must clearly show (through analytical monitoring) that the proposed
impoundments will not violate Water Quality standards in accordance with 15A
NCAC 02H .0506 (b).
As you have no authorization under Section 401 of the Clean Water Act for this activity,
and work within waters of the state would be a violation of North Carolina General
Statutes and Administrative Code.
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service
Internet:: www,ncwaterquality.org FAX (828) 299-7043 1-877-623-6748
An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper
NorthCarolina
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Grandview Peaks
Page 2 of 2
January 23, 2008
Once you have redesigned your project to address the problems and inadequacies with
your application as it was submitted, you will need to reapply for DWQ approval. This
includes submitting a complete application package with the appropriate fee.
Please call Kevin Barnett at 828-296-4657 if you have any questions this matter.
Sincerely,
~.------
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Division of Water Quality
RCE
cc: Robert L. Sain, MACTEC Engineering and Consulting, Inc.
1308-C Patton Ave.
Asheville, NC 28806
Cathy Ball, P.E., City of Asheville
Cyndi Karoly, DWQ, Wetlands / 401 Permitting Unit
Lori Beckwith, USACE Asheville Regulatory Field Office
David McHenry, Wildlife Resources Commission
Becky Fox, US EPA, Region 4
File Copy
Central Files
Filename: 07-0168.GrandviewPeaks.returned