20081627 Ver 1_Application Returned_20081212

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
December 12, 2008
CERTIFIED MAIL
DWQ Project # 08-1627
Haywood County
RETURN °RECEIPT REQUESTED - 7007 1490 0004 0798 9555
Tom Lasley
Lasley Construction
78-A Hansel Drive
Asheville, North Carolina 28806
Subject Property: Mountain Watch at Brannon Forest, LLC.
UT to Jaynes CoveBranch [040305, 5-26-15, C]
RETURNED AS INCOMPLETE
Dear Mr. Lasley:
On October 24, 2008, the Division of Water Quality (DWQ) received your application
regarding your request to place fill within 0.006 acres of streams. The Division of Water
Quality requested additional information in the form of an Additional Information
Request mailed October 30, 2008. A response was received from you on November
24, 2008. The DWQ has determined that your application and additional information
are insufficient in order to make an agency determination. Therefore, we are returning
your application as incomplete in accordance with 15A NCAC 2H .0506. In order
for your project to be reviewed in the future, you must submit a complete application
along with the appropriate processing fee, including, but not limited to:
• As requested in the Additional Information Request dated October 30, 2008:
o you must provide documentation from the US Army Corps of Engineers
that this project will be authorized under a Nationwide Permit # 29.
o you must provide a copy of the published NRCS Soil Survey with the
project boundary located in bold.
o you must provide full size plan sheets with a scale no smaller than 1"=50'.
(1 "=100' is smaller than the requested scale.)
o you must provide cross section details showing the provision for aquatic
life passage.
o you must indicate on submitted plans, all stream impacts, including fill
slopes, dissipaters, and bank stabilization.
No lhCaroIina
Nati(mily
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone]
Internet: www.ncwaterauality.org Customer Service 1-877-623-6748 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mountain Watch at Brannon Forest
Page 3 of 3
December 12, 2008
o you must provide for mitigation for this project as the development is
owned by the same developer as Brannon Forest, and impacts are
collective.
• Your submitted plans show four stream crossings, yet the modified application
only indicates three
- - The applicant needs to be the property owner of record. not a contractor for the
developer.
• You must include all impacts in Brannon Forest in your stormwater calculations.
• You must provide a complete alternatives analysis (evaluating all other forms of
amenities, including, but not limited to, a surface water feature) which clearly
articulates the purpose and need of the proposed amenity, as requested in
Application Item III. 11.
• You must provide an avoidance and minimization narrative, including discussion
about why an offline pond (with no fill in waters) cannot serve the proposed
purpose, as required by Application Item VII.
• You must submit complete and comprehensive dam details.
• You must provide data showing how water quality standards will not be violated
within the proposed impoundment, including, but not limited to temperature, pH,
and dissolved oxygen.
• You must provide a detailed project description regarding the entire project,
including build-out, as requested in Item III. 10. You must include all impacts
associated with Brannon Forest as well.
• You must provide a complete evaluation of impervious surfaces for the
development (at build-out) in order to determine the type of stormwater
management needed for this development, as requested in Application Item XI. If
final disposition of the development not be in the applicant's control, then a
restrictive mechanism limiting impervious surfaces may be utilized in order to
complete these calculations.
• You must provide a detailed final disposal for all wastewater generated from this
development at build-out, as requested in Application Item XII.
Mountain Watch at Brannon Forest
Page 3 of 3
December 12, 2008
As you have no authorization under Section 401 of the Clean Water Act for this activity,
any work within waters of the state would be a violation of North Carolina General
Statutes and Administrative Code. Please call Mr. Kevin Barnett at 828-296-4657 if you
have any questions this matter.
Sincerely,

Roger C. Edwards, Regional Supervisor
Surface Water Protection
Division of Water Quality
KB
cc: Wanda H. Austin, P.E.
Heaven's Rose, Inc.
44 Homespun Road
Sylva, North Carolina 28779
Robert Brannon
Mountain Watch at Brannon Forest, LLC
26 Blueberry Lane
Waynesville, NC 28786
Cyndi Karoly, DWQ, Wetlands / 401 Permitting Unit
USACE Asheville Regulatory Field Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 08-1627. MountainWatchatBrannon Forest. returned