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HomeMy WebLinkAbout20070429 Ver 1_More Info Letter_20070523OF W qT~h' Q ~O G ~ ~ ~~ mF' D < ~ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality May 23, 2007 CERTIFIED MAIL - 7006 2150 0005 2459 6332 RETURN RECEIPT REQUESTED Ed Kale Bald Mountain Development Company 1400 Harding Place Suite 100 Charlotte, NC 28204 Subject Property: Bald Mountain Rutherford County REQUEST FOR MORE INFORMATION Dear Mr. Kale: o7-o~aq (~- DWQ Project # 07-0428 Rutherford County On March 28, 2007, the NC Division of Water Quality received your application for stream impacts with respect to your proposed development along un-named tributaries to Lake Lure. Based on our review of your submitted application, 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 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. 15A NCAC 02H .0506 (f) requires that "a lack of practical alternatives" be demonstrated. No discussion in regards to developing the project without the impacts requested has been presented. A discussion regarding practical alternatives with respect to a reduction of impacts must be presented. No thCarolina ~<lfl1CQ~~1, North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Asheville Regional Office Internet:: www.ncwaterGUality.org FAX (828) 299-7043 t-877-623-6748 An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper Rumbling Bald ' Paoe 2of 3 May 23, 2007 2. Application Item III. requires a detailed site plan showing property boundaries and development plans in relation to surrounding properties. The included plans do not show the proposed development and lot locations. 3. Application Item III. 10.states that the property is adjacent to the Fairfield Community (no owned by Rumbling Bald). As these impacts are collective with the impacts of the Rumbling Bald development (formerly Fairfield Community), the collective impacts would exceed the proposed 300 linear feet and the Individual Permit threshold. You must re-submit your application as an individual permit application. 4. Application Item III. 10. requests a description of the overall project. Your submitted application details the impacts related to phase one of the development (500 acres of a 655 acre tract). As phase one would cover the access to 76% of the total development, the application should be for the entire proposed development. 5. Application Item XI. Requests a stormwater management description for the entire development, for the life of the development. You application indicates that, based upon built out density, that treatment to a predetermined level will not be required, but does not answer the basic question of how stormwater will be managed. You must provide a detailed description as to how stormwater will be managed for the life of the development. Please respond before the close of business on June 5, 2007 by sending four copies of this information to the 401 Permitting Unit at: Mrs. Cyndi Karoly 401 Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 and a single copy to the Asheville Regional Office at: Kevin Barnett Surface Water Protection Section 2090 US HWY 70 Swannanoa, NC 28778 If we do not hear from you before June 5, 2007, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. Rumbling Bald Page 3of 3 May 23, 2007 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 Mr. Kevin Barnett at 828-296-4657 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, ~~c.-~L-1 C~ • ~ ~.'zzck~ Roger C. Edwards, Regional Supervisor Division of Water Quality Surface Water Protection Section RCE/khb cc: Rebekah Newton Wetland and Natural Resource Consultants Post Office Box 882 Canton, NC 28716 USACE Asheville Regulatory Field Office David McHenry, Wildlife Resources Commission Cyndi Karoly, 401 /Wetlands Unit File Copy Central Files Filename: 07-0429.BaIdMountain.Add-Info