20070168 Ver 1_More Info Letter_20070216

~OF w A TF,9Q Michael F. Easley, Governor
,\(~ ~i William G. Ross Jr., Secretary
~ ~ North Carolina Department of Environment and Natural Resources
~ ~
p ~ Alan W. Klimek, P.E. Director
Division of Water Quality
February 16, 2007
DWQ Project # 07-0168
McDowell County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Todd Black
Fall Creek Land Company
P.O. Box 638
Hickory, NC 28603
Subject Property: Grandview Peaks Recreational Lakes
Shoal Creek [030802, 9-41-12-1, WSV]
Kelly Branch [030802, 9-41-12-2, WSV]
Weaver Branch [030802, 9-41-12-1-1, WSV]
REQUEST FOR MORE INFORMATION
Dear Mr. Black:
On January 29, 2007, the Division of Water Quality (DWQ) received your application dated
January 16, 2007, to fill or otherwise impact 0.63 acres of 404/wetland and 8,023 linear feet of
stream, and flood 42.39 acres to construct three aesthetic lakes within the Grandview Lakes
developmenta residential community and with aesthetic lake. The DWQ has determined that
your application was incomplete and/or provided inaccurate information as discussed below.
The DWQ will require additional information in order to process your application to impact
protected wetlands and/or streams on the subject property. Therefore, unless we receive five
copies of the additional information requested below, we will have to move toward denial of
your application as required by 15A NCAC 2H .0506 and will place this project on hold as
incomplete until we receive this additional information. Please provide the following
information so that we may continue to review your project.
Additional Information Requested:
1. Application Item 19. Project Purpose
You submitted the purpose of the project was" to construct three recreational lakes."
This purpose lacks a need. Recreational lakes, without a need, serve no purpose.
2. Application Information 2.0 states that the "lakes are to be constructed to provide water
supply points for fire suppression." "The creation of the proposed impoundments is
essential to the success of the proposed development."
None Carolina
401 Oversight/Express Review Permitting Unit ~rfl[CQ~~If
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: httn://h2o.enr.state.nc.us/ncwetlands
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Mr. Todd Black and the Fall Creek Land Company
Page 2 of 5
February 16, 2007
You state in the Purpose in the application that the desired impoundments are
recreational, why is the discussion of fire suppression water supply necessary?
Additionally, as you state in Application Item 23 that "roads and some lots have been
completed." At the time of the site visit, log cabins were either under construction or
completed and occupied. If the impoundments are essential, then how is it possible to
begin development and sell homes without the proposed amenity?
3. Application Information 2.1 states that "the local municipal fire department {has stated]
that it is advantageous to have a distance of less than or equal to three miles between
hydrants."
A review of the USGS topographic map for the area indicates that there is a significant
sized impoundment within 3 miles of the Grandview Peaks Development. You must
explain the need for fire suppression impoundments when the development is within the
prescribed area.
4. Application Information 2.2 states that a second need is for "optional irrigation."
If you have not determined that irrigation is a need, this cannot be
used as reason for causing the proposed impact.
5. Application Information 2.3 states that "few open waters exist in McDowell County."
Application Information 2.3.1 states that "based on a review of public fishing areas it
appears that no other fishing opportunities exist within the vicinity of the development."
Both Lake Lure and Lake James are within a half hour drive of this development,
providing public boating access, fishing, and swimming. You must provide a compelling
reason as to why these opportunities do not meet the recreational needs of this
development.
6. Application Information 2.3.1 states that fertilization may be necessary to support the
planned fishery.
You must provide details as to how Surface Water Quality Standards
will not be violated. Additionally, you must provide compelling data
as to the need for maximizing any proposed fishery.
Application Information 2.3.1 states that "the demand for recreational fishing will be high
for the Grandview Peaks { }development based upon the above calculations." (The
above calculations are related to maximizing the fishery for production.
1
As maximizing the fishery does not equal a fishing demand, you must provide a
compelling discussion as to how fishing demand was determined and why other facilities
in the area will not provide for this need.

Mr. Todd Black and the Fall Creek Land Company
Page 3 of 5
February 16, 2007
8. Application Information 3.3.2 states that "aquatic species likely occur within the project
area."
A survey should be performed to provide accurate data with respect to Aquatic Biota in
order to determine potential impacts.
9. Application Information 4.1.1 states that "three stream types are present in the proposed
lake location; "F", "B", and "G" type streams." The previous sentence refers to the
stream types as degraded.
Rosgen B type streams are not considered degraded, and F streams are transitional
streams. More detailed stream classifications must be provided for the systems to be
impacted.
10. Application Information 4.2.1 Small Whorled Pogonia -Not Likely to Adversely Affect
A "walkover" does not constitute a "survey.' A survey of all likely habitats by qualified
personnel must be performed in order for the lead federal agency to make such a
determination.
11. Application Information 5.1 states that the "subject site will potentially cause the project
to fail to meet reasonable economic goals."
As you have stated that the proposed impoundments are needed to achieve "reasonable
economic goals," you must provide a thorough cost benefit analysis must be included to
support any claim that the impact is needed for the project to be "economically feasible."
Analysis should include, but not be limited to, the construction costs of the dam, the cost
of permitting (through all agencies (including but not limited to the US Army Corps of
Engineers, the Division of Water Quality, and the Division of Land Resources), the
consulting costs (including environmental consulting costs and engineering costs), the
costs of the preservation (value of land after development). and the time-value of money
vs. the anticipated financial gain in land values.
12. Application Information 7.2.1 refers to a Erosion and Sediment Control plan as a
Stormwater Management plan.
The two are not interchangeable. You must develop a stormwater management plan
which would provide for the management of any and all collected stormwater for the life
of the project which will serve to protect surface water quality standards.
13. Application Information 8.0 proposes mitigation at a 3:1 ratio for excellent streams.
Table 3 shows proposed mitigation for excellent streams at a 1:1 ratio.
Table 3 should be modified to reflect the proposed mitigation ratio.

Mr. Todd Black and the Fall Creek Land Company
Page 4 of 5
February 16, 2007
14. Application Information 8.0 additionally states that only streams in the Catawba Basin
will have legal protection.
A significant portion of the property is in the Broad River Basin and in order to comply
with 15A NCAC 02H .0506 and to protect against collective impacts which would
subject the applicant to further mitigation, ALL streams on the property shall have this
legal protection.
15. Please provide a breakdown of intermittent and perennial impacts for your project.
16. Please provide a lot layout and submit your site plans on full plan sheets.
17. Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization
on the site plan.
18. Please locate all isolated or non-isolated wetlands, streams and other waters of the State
as overlays on the site plan.
19. Please provide cross section details showing the provisions for aquatic life passage.
20. Please locate any planned sewer lines on the site plan.
21. Please specify the percent of project imperviousness area based on the estimated built-out
conditions, and provide an inventory of the proposed project impervious surfaces if the
percent of project imperviousness is over 20 percent.
Please contact the DWQ within three weeks of the date of this letter to verify that you have
received this letter and that you remain interested in continuing to pursue permitting of your
project and will be providing the DWQ the requested information at a later date. Please contact
me in writing and Kevin Barnett of the DWQ Asheville Regional Office. If we do not hear from
you within three weeks, we will assume that you no longer want to pursue this project and we
will consider the project as withdrawn.
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 call Ms. Cyndi Karoly or Mr. Ian
McMillan at 919-733-1786 if you have any questions regarding or would J~~e to set up a meeting
to discuss this matter. //
Sin erel ,
Cyndi Karoly, Supervisor
O1 Oversight/Express Review Permitting Unit

Mr. Todd Black and the Fall Creek Land Company
Page 5 of 5
February 16, 2007
CBK/ijm
cc: Kevin Barnett, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Ronald Spears, MACTEC Engineering and Consulting, Inc., 1308-C Patton Avenue,
Asheville, NC 28806
Filename: 070168GrandviewPeaksRecreationalLakes(McDowell)On_Hold