20090448 Ver 1_Notice of Withdrawal_20090818

Beverly Eaves Perdue
Governor

AVA
NCDENR

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director

r: tilE C"'ry
1..,.". \I .

Dee Freeman
Secretary

August 18, 2009

Mr. Scott Banks
717 Dillingham Road
Barnardsville, NC 28709

Subject:

Return of Application
401 Water Quality Certification
Sardis Road Project
DWQ Project # 09-0448
Buncombe County

Dear Mr. Banks:

The Division of Water Quality (Division) has reviewed the most recent application submittal, dated July 15,
2009, for the subject project and has found the information to still be incomplete. Therefore, the project
application is being returned.

Please note: No impacts associated with the subiect proiect are approved at this time.

To pursue the project further, a new Pre-Construction Notification and applicable fee will be required, as well
as the additional information presented below.

Additional Information Required:

1. Proposed Impacts To Waters of the United States /Waters ofthe State

The Division does not believe that the impacts to surface waters have been adequately avoided
and/or minimized, as required by 15A NCAC 2H .0506(b). Although the Division now
understands that adjacent parcels cannot be used for this project, it is possible that the parking
area may be reconfigured and further minimized, thereby completely avoiding the impact to
surface waters. The Division also understands (via Ms. Newton's e-mail August 1ih) that the
proposed parking area meets the minimum number of spaces for the 39,900 ft2building required
by City ordinance. However, after brief correspondence with the City of Asheville's Planning
Department, it is possible that an exception may be given for this requirement. You and your
consultant should attempt to pursue this option (and the Division will assist you in your
justification for the exception to the minimal number of parking spaces). The other possibility of
avoidance would be to work with your design engineering team to reconfigure the entrance or
the parking area to try to further avoid culverting the stream at the site.

Location: 2090 U,S, Highway 70. Swannanoa. North Carolina 28778
Phone: [phone]\ FAX: [phone] \ Customer Service: 1-877-623-6748
Internet: www.ncwaterquality,org

N2>~hCarolina
/Vn/Ufn//1I

An Equal Opportunity \ Affirmative Action Employer

Mr, Banks
August 18,2009
Page 2

In regard to Fill Area "B", should you resubmit the proposed project, this area will need to be restored after
completion of construction (or further explanation should be provided as to why this area cannot be restored
after completion of construction).

Additionally, you are reminded that an easement from NCDOT will be necessary to connect to the existing
culvert along Sardis Road, should the adjacent parking area not be reconfigured or reduced.

The sediment removal and stream restoration plan will be approved, conditionally, under separate
correspondence.

Upon receipt of a complete application along with the applicable fee, the DWQ will promptly review the
package and respond accordingly. Again, should you or your consultants need assistance in correspondence
with the City of Asheville Planning Department or should you have further questions regarding your project,
please contact Susan Wilson at [phone].

Sincerely,

!?~c.a~~

Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section

cc: Liz Hair - US Army Corps of Engineers Asheville Field Office (e-copy)
David McHenry - North Carolina Wildlife Resources Commission (e-copy)
Cyndi Karoly - 401 Permitting Unit (e-copy)
Jennifer Blevins, City of Asheville, Planning and Development (e-copy)
Rebekah Newton, ClearWater Environmental Consultants, Inc. (e-copy)
ARO File copy

G:\WPDA T A\DEMWQ\Buncombe\40 ls\Banks,Buncombe\Banks-West\Relum Sardis Road 401 #09-0448.doc