20100297 Ver 1_More Info Letter_20100526

NCDENR
North Carolina Department of Environment and Natural
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
May 26, 2010
Capital Land Group, LLC
Larry Bragg
1055 Carpenter Drive
Lincolnton, NC 28092
Subject: Request for More Information
401 Water Quality Certification
Forest Creek Subdivision
DWQ Project #10-0297
Caldwell County
Response deadline: June 30, 2010
Dear Mr. Bragg:
Dee Freeman
Secretary
The Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
1. Permit type:
You are proposing a residential development. It is unclear how this activity fits into a NWP 14.
Please contact the Army Corp of Engineers office to determine the appropriate permit for your
project.
2. Applicant/Owner Information:
This agency seeks to provide a clear regulatory relationship between the applicant and the owner.
The application indicates several landowners. Please provide clarification of owner, applicant,
and agent where impacts are requested.
3. Stream/Wetland Impacts:
Please submit a map indicating all of the stream and wetland impacts associated with the entire
project. The application indicates the proposed project will have cumulative impacts exceeding
150 feet, which would require mitigation. Please submit a proposed mitigation plan for the
project.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
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Resources
NorthCarolina
Aahmallty
Larry Bragg
May 26, 2010
Page 2 of 2
4. Vegetated Setbacks:
A 30-foot wide vegetated setback from the top of the streambank landward must be maintained
on all streams. Please indicate how compliance with this setback will be met in the future. Deed
notification or similar mechanisms can be put in place at the time of recording the property or
lots to satisfy this certification condition.
Please provide your response in writing to the addresses below prior to June 30, 2010 or thirty (30) days from
receipt. Four copies of the required information should be provided to the 401 Permitting Unit at:
Ian McMillan
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a single copy to the Asheville Regional Office at:
Linda Wiggs
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary 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 Linda Wiggs 828-296-4500, if you have any questions.
Sincerely,

Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Tasha McCormick - US Army Corps of Engineers Asheville Field Office
David McHenry - North Carolina Wildlife Resources Commission
401 Permitting Unit
Caldwell County Planning
ARO File copy
S:\SWP\Caldwell\401s\Non-DOT\Forest Creek DevelopmentWddlnfo.401ForestCrk.May2010.doc