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HomeMy WebLinkAbout20070168 Ver 1_Application Returned_20080123~o~ wArFRO Michael F. Easley, Governor ,'`,, ~'` ~~ ~(~i William G. Ross Jr., Secretary ~ ~ir/~ ~ North Carolina Department of Environment and Natural Resources ~ . J. -t 0 ' ~ Coleen H. Sullins, Director 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 ~atura!!y 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