20080925 Ver 1_More Info Letter_20080728

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
July 28, 2008
DWQ# 08-0925
Ashe County
CERTIFIED MAIL: 7007 3020 0000 6279 7549
RETURN RECEIPT REQUESTED
Mr. Jorge Martinez
Creekside Pointe at Helton, LLC
119 Fairwich Court
Tavernier, FL 33070
Re: Section 401 Water Quality Certification application
Dear Mr. Martinez,
On June 24, 2008, the North Carolina Division of Water Quality (DWQ) received your "after the fact"
application for a 401 General Water Quality Certification to impact 147 linear feet of stream to construct the
Creekside Pointe Subdivision near Helton, NC in Ashe County. Additional information is required in order that
we may determine your project's compliance with 15A NCAC 2H.0500. The DWQ will require this
information in order to process your application to impact protected wetlands and/or streams on the subject
property. Therefore, we will place this project on hold as incomplete until we receive this additional
information, and if we do not receive the additional information requested below, we will have to move toward
denial of your application as required by 15A NCAC 2H .0506. Please provide the following information so
that we may continue to review your project.
1. Additional information on the stream restoration plan is needed. This information should
include the construction drawings for natural channel design (i.e. detail for all necessary in-
channel structures) for stream impacts that are to be restored.
2. Per the requirements of GC 3705, all work must be done "in the dry". Therefore, dewatering
methods will be necessary to temporarily dewater the stream channel during pipe installation.
Please provide a construction sequence that details the method of dewatering to be utilized at
the site and the sequence of construction events to be followed to ensure compliance with this
condition. If dewatering is not feasible, please provide justification.
3. Following a site visit by Amy Euliss, Division of Water Quality staff, its unclear as to whether
or not pipes will be perched after excess pipe is removed. Please indicate whether or not pipe
burial is achievable. If not please indicate if bedrock is present at the pipe outlets, or if
NAhCarolina
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North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Winston-Salem Regional Office Winston-Salem, NC 27107 Fax [phone]
Internet: www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Jorge Martinez
Creekside Pointe at Helton, LLC
July 28, 2008
Page 2
preformed scour holes or rip rap aprons will need to be constructed to ensure channel stability.
4. Please note that the permit issued by the Division will require deed notifications or similar
mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers
in order to assure compliance for future wetland, water and buffer impact. These mechanisms
shall be put in place at the time of recording of the property, or of individual lots, whichever is
appropriate. A sample deed notification can be downloaded from the 401/Wetlands Unit web
site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project.
Please respond in writing within 30 calendar days of the date of this letter by sending a copy of this information
to Amy Euliss at the address on this letterhead, and a copy to Ian McMillan N. C. Division of Water. Quality,
Wetlands/401 Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. If you will not be able to
provide the requested information within that timeframe, please provide written confirmation that you intend to
provide the requested information, and include a specific timetable delineating when the requested materials
will be provided. If we do not hear from you in 30 calendar days, we will assume that you no longer want to
pursue this project and we will consider the project as returned.
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. If you have any questions, please contact Amy Euliss, Winston-Salem Regional
Office, at 336-771-4959 or [e-mail].
Sincerely,
Steve W. Tedder
Regional Supervisor
DWQ Winston-Salem Regional Office
cc: Amanda Jones, USACE - Asheville Regulatory Office
Derek Goddard, BREC Inc. 162 Helen Court Boone, NC 28607
DWQ Wetlands/401 Unit
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