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HomeMy WebLinkAbout20080880 Ver 1_More Info Letter_20080915Vv n t Michael F. Easley, Governor of 6 William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources Q '? Coleen H. Sullins, Director Division of Water Quality September 15, 2008 DWQ Project # 2008-0880 Buncombe County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Don Nickell The Cliffs Communities 3598 Highway 11 Travelers Rest, SC, 29690 Subject Property: The Cliffs at High Carolina Ut to Swanannoa River [040302,6-7-8, C] Ut to Licklog Branch [040302,6-7-8, C] Ut to Flat Branch [040302,6-7-8, C] Rocky Fork [040302, 6-57-4, C, TR] Ut to Ellison Branch [040302, 6-57-4, C, TR] Ut to Cane Creek [040302, 6-57-4, C, TR] REQUEST FOR MORE INFORMATION Dear Mr. Nickell: On July 7, 2008, the Division of Water Quality (DWQ) received the Public Notice issued by the U.S. Army Corps of Engineers dated July 3, 2008 for an application to impact 0.219 acres of wetlands, 0.03 acre of open water and 6,149 linear feet of streams in order to construct the proposed subdivision and golf course, along with associated infrastructure. DWQ received substantial comments during the public comment period, including numerous requests for DWQ to hold a public hearing in accordance with 15A NCAC 2H .0504 (Water Quality Certification Rules, Public Hearing). The purpose of this correspondence is to inform you that the Director of the Division of Water Quality has determined that it is in the public interest that a public hearing for the purpose of reviewing public comment and additional information be held prior to granting or denying certification for this project. At this time we are coordinating administrative details in order to hold a hearing within 90 calendar days of this notification to you. We will inform you and the parties interested in this application as those details are developed. No action is necessary on your part at this time in regards to the public hearing. However, we would advise you to continue working to address the technical concerns we wrote to you about in correspondence dated July 15, 2008. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please me or Ian McMillan at 919-733-1786 if you have any questions regarding this matter. Noce hCarolina 401 Oversight/Express Review Permitting Unit Naturally 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper The Cliffs at High Carolina Page 2 of 2 September 15, 2008 Sincerely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBKJcbk cc: Roger Edwards, DWQ Asheville Regional Office Liz Hair, USACE Ashville Regulatory Field Office Matt Matthews, Wetlands and Stormwater Branch Manager Gray Hauser, Division of Land Resources Jennifer Robertson, WNR, PO Box 882, Canton, NC, 28716 Shannon Deaton, NC Wildlife Resources Commission David Gantt, Buncombe County Commissioner, 82 Church St., Asheville, NC, 28801 Nathan Ramsey, Chairman, Buncombe County Commissioners, 60 Court Plaza, Asheville, NC, 28801 Austin Gerken, Southern Environmental Law Center, 29 N. Market St., Suite 604, Asheville, NC, 28801 File Copy Filename: 20080880CIiffs(Bu ncom be)PH_HOLD ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: The Cliffs comm>mities Attn: Mr. Don Nickell 3598 Highway 11 Travelers, NC 29690 DWQ# 2008-0880-131-Incombe 00 • ., .., r 2. Article Number (Transfer from service is A. Signa re X T1 ? Agent ? Addressee B. Received by (Printed Name) C. Date of Delivery ?,_c-/YZ ." /-T -/7-45- D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. S rvice Type Certified Mail Express Mail ? Registered Return Receipt for Merchandise ? Insured Mail C.O.D. d Rccr.i..r...a n _.,,,, . J-'. reev ? Yes 7008 1300 0001 2224 8231 UNITED STATES POSTAL SERVICE LISPS • Sender: Please print your name, address, and ZIP+4 in this box • NC DENR Division of Water Quality 401 Oversight/Express Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 Ru First-Class Mail Postage 8 Fees Paid Permit No. G-10