20070273 Ver 1_More Info Letter_20070326

~OF W aTF9Q Michael F. Easley, Governor
`~ G William G. Ross Jr., Secretary
C~ fir.. North Carolina Department of Environment and Natural Resources
-,{
0 ..C Alan W. Klimek, P.E. Director
Division of Water Quality
March 26, 2007
DWQ Project # 07-0273
Rutherford County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. David Odum
Chestnut Oak, LLC
P.O. Box 454
Lake Lure, NC 28746
Subject Property: The Highlands At Walnut Creek
Walnut Creek [030802, 9-29-44, C]
REQUEST FOR MORE INFORMATION
Dear Mr. Odum:
On February 12, 2007, the Division of Water Quality (DWQ) received your application dated
February 1, 2007, to fill or otherwise impact 0.01 acres of 404/wetland and 2,0371inear feet of
stream and flood 3,8321inear feet stream, to construct the proposed two aesthetic ponds within a
582-acre residential development. On March 9, 2007, and March 20, 2007, the DWQ received
additional information from you, however, the DWQ has determined that your application
remains 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 five copies of 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. 2,186 linear feet of compensatory stream mitigation is required for this project and
you proposed to use the EEP to satisfy this requirement. Please provide a
compensatory mitigation plan. The plan must conform to the requirements in 15 A
NCAC 2H .0500 and must be appropriate to the type of impacts proposed.
Please contact the DWQ within three weeks of the date of this letter to verify that you have
received this letter and to provide us with a date that we may expect to receive this requested
information. If we do not receive this requested information within one week of the date you
indicate it will be forthcoming, your project will be withdrawn and you will need to reapply with
a new application and a new fee. Please contact me in writing and Kevin Barnett of the DWQ
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet httn://h2o enr.state.nc.us/ncwetlands
No°e hCarolina
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Chestnut Oak, LLC
Page 2 of 2
March 26, 2007
Asheville Regional Office. If we do not hear from you within three weeks, we will assume that
you no longer want to pursue this project and we will consider the project as withdrawn.
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 Ms. Cyndi Karoly or Mr. Ian
McMillan at 919-733-1786 if you have any questions regarding or would/~ike to set up a meeting
to discuss this matter.
Cyndi Karoly, Supervisor
O1 Oversight/Express Review Permitting
Unit
CBK/ijm
cc: Kevin Barnett, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Clement Riddle, C1earWater Environmental Consultants, Inc., 718 Oakland Street,
Hendersonville, NC 28791
Filename: 070273TheHighlandsAtWalnutCreek(Rutherford)On_Hold2

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^ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
^ Print your name and address on the reverse
so that we can return the card to you.
^ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
Chestnut Oak LLC
Attn: Mr. David Odum
P.U. Box 454
Lake Lure,NC 28746
pWQ# 07-0273-Rutherford
2. Article Number
^ Yes
A. ig ature
X ~lt,~~
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Addressee
of Delivery
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UNITED STATES POSTAL SERVICE
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