20090526 Ver 1_Application Returned_20090707

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proAWT
N ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 7, 2009
David and Elaine Thomas
5684 US Highway 19E
Mars Hill, North Carolina 28754
Subject: Return of Application
401 Water Quality Certification
Thomas Property: Farm Access Improvement Project
DWQ Project # 09-0526
Madison County
Dear Mr. and Mrs. Thomas:
Dee Freeman
Secretary
The Division of Water Quality (DWQ) has reviewed the most recent application submittal, dated June 5, 2009,
for the subject project. The information required to complete the review process was not sufficient. Therefore,
the project application is considered incomplete and inadequate for review by the Division of Water Quality
(DWQ)•
Please note: No impacts associated with the subject project are approved at this time.
To pursue the project further, a new Pre-Construction Notification will be required, as well as the additional
information presented below.
Additional Information Required:
1. Purpose of the Proposed Project
As part of the Project Description/Purpose of the project:
"In addition to re-establishing their,/arm access, the Thomas' wish to build a berm on the
downstream side of the road to create a buffer between the highway and their residence."
While the Division understands the need for the farm access, another means to create a buffer
between the highway and the residence can be viable and must be evaluated. In the description
of the project, the application indicates that the length of stream to be culverted is partially
dependent on the slopes of the berm. These impacts are not deemed necessary to achieve
property access.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal opportunity Affirmative Arbon Employer
NorthCarolina
Naturally
July 7, 2009
Page 2 of 2
A certification cannot be issued unless there is no practical alternative to the activity, and adverse
impacts are minimized [ref. 15A NCAC 0211.0506(b & 0]. Again, please continue to work with
your consultant to minimize the impacts to surface waters. The Division will work diligently
with you so that you may gain access to your farm, but the addition of excess fill may not be
necessary and it may be possible to further reduce the culvert size, if the berm design is removed.
2. Fill Material
The cover letter for your project, submitted by Michael Baker Engineering, also indicates that fill
material from the NC Department of Transportation (NCDOT) US Highway 19E project may be
used on your property. Please be aware that due to mitigation restrictions, NCDOT would have
to provide additional mitigation for impacts on your property. Should you desire to place fill
material in State surface waters from the NCDOT project, you must submit proof of mitigation
from the NCDOT Division Engineer, as part of any further request to place fill in waters.
Upon receipt of a complete application, which addresses the above concerns, the Division will promptly review
the package and respond accordingly. Please call Susan A. Wilson [phone], if you have any questions.
Sincerely,

Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Carmen Horne-McIntyre, Michael Baker Engineering, Inc.
797 Haywood Road, Suite 201, Asheville, NC 28806
David Baker - US Army Corps of Engineers Asheville Field Office
David McHenry - North Carolina Wildlife Resources Commission
Cyndi Karoly - 401 Permitting Unit
Mike Parker - ARO
ARO File copy
G:\WPDATA\DEMWQ\Madison\40Is\Thomas Property\Return Thomas prop 7 2009.doe