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Home My WebLink About20070168 Ver 2_Notice of Withdrawal_20100810 m NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary August 10, 2010 DWQ Project#07-0168,Ver.2 McDowell County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Todd Black Fall Creek Land Company P.O.Box 638 Hickory,NC 28603 Subject Property: Grandview Peaks Recreational Lakes Shoal Creek[030802, 9-41-12-1, WSV] Kelly Branch [030802,9-41-12-2, WSV] Weaver Branch [030802,9-41-12-1-1, WSIV] RETURN OF APPLICATION Dear Mr.Black: On December 17,2009,the Division of Water Quality(DWQ)received your application dated December 10,2009,with Public Notice issued by the USACE on January 12,2010, and received by the DWQ January 12,2010,to fill or otherwise impact 0.73 acres of 404/wetland(0.04 acres dam fill, and 0.69 acres flooding), and 695 linear feet of stream(dam fill), and flood 5,970 linear feet of stream,to construct two aesthetic lakes within the Grandview Lakes residential development. On March 12,2010,May 17,2010, and June 24,2010,the DWQ received additional information,however,the DWQ has determined that your application remains incomplete and/or provided inaccurate information as discussed below. 1. It is the opinion of this Office that the project cannot be permitted as currently presented. We concur with the USACE,US EPA, and USFWS,that the project's purpose and need as a residential development is already being met without construction of the two proposed amenity ponds as noted in Section 8.0,Page 13, (of your application package)that states Project Purpose (is),"The basic project purpose of the proposed development at Grandview Peaks is to provide residential housing" For this reason your permit application is hereby considered returned. Once you have redesigned your project to address the problems and inadequacies with your application as it was submitted,you will need to reapply for DWQ approval. This includes submitting a complete application package with the appropriate fee. Please be aware that you have no authorization under Section 401 of the Clear Water Act for this activity and any work done within waters of the state would be a violation of North Carolina General Statutes and Administrative Code. Please call Mr. Ian McMillan or Ms.Amy Chapman at 919-733-1786 if you have any questions or concerns. 401 Oversight/Express Review Permitting Unit One 1650 Mail Service Center,Raleigh,North Carolina 27699-1650 NorthCarolina Location:2321 Crabtree Blvd.,Raleigh,North Carolina 27604 Aatura!!� Phone:919-733-17861 FAX:919-733-6893 Internet:http://h2o.enr.state.nc.us/ncwetlands/ An Equal Opportunity 1 Affirmative Action Employer Mr.Todd Black and Fall Creek Land Company Page 2 of 2 August 10,2010 Sinc ely, . Ian McMillan,Acting Supervisor 401 Oversight/Express Review Permitting Unit IJM cc: Kevin Barnett,DWQ Asheville Regional Office Amanda Jones,USACE Asheville Regulatory Field Office File Copy Jennifer Derby,Wetlands, Coastal, and Oceans Branch, Water Protection Division, U.S. Environmental Protection Agency, 61 Forsyth Street, SW, 15th Floor,Atlanta,GA 30303 Becky Fox, 1307 Firefly Road, Whittier,NC 28789 D.J. Gerken, SELL,29 N. Market St., Suite 604, Asheville,NC 28801 Clement Riddle, CEC, 718 Oakland Street, Hendersonville,NC 28791 Filename: 070168Ver2GrandviewPeaks(McDowell)Retumed Application SENDER: COMPLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X t ■ Print your name and address on the reverse Addressee so that we can return the card to you. B. Rece ed by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, 1� �l � or on the front if space permits. I 0 D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address b 13 No FALL CREEK LAND COMPANY 8/10/10 OQ��.� C :,— TODD BLACK v� 61 o PO BOX 638 HICKORY NC 28603 -' '-- 3. Service Type DWQ 07-0168 V2 MCDOWELL COUNTY HT Certified Mail 13 ❑Registered ItTRetu erchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7010 1060 0000 8057 9255 (Transfer from service labeq UNITED a first Glass hAaF-� 1?0stagc&Fees Pict n . r � i • Sender: Please print your name, address, and ZIP+4 in this box • NC DENR- DWQ 401 OVERSIGHT/EXPRESS UNIT 2321 CRABTREE BLVD STE 250 RALEIGH NC 27604 s J fliiF717i i4l� tl��i:fFIfI11 :�77�17+ii1iF�1}il7}iilflSF��1!