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HomeMy WebLinkAboutNC0071994_Regional Office Historical File Pre 2018AUG CentexCrosland Homes IN61ON OF Bd 4Vi1&.RSifnR,W CI�bf 1MJNi#, Su#f,tFd� August 17, 1994 Mr. A. Preston Howard, Jr., P.E. Department of Environment, Health and Natural Resources P.Q. Box 29535 Raleigh, North Carolina 27626 Re: NP DES Permit NCO071994 Idlewild Acres Mecklenburg County Dear Mr. Howard, I received your letter of 5--4 concerning my request for an extension of the permit application for the future waste water treatment plant to service the Idlewild Acres subdivision. I appreciate your consideration for this request and understand fully the need to bring this matter to a close. I am, therefore, asking to withdraw any past or present application on this matter and understand that any future application would be completely separate and new. If you have any questions, please contact me at 522-4525.' Sincerely, CENTEX CR( HOMES Bill Yande I Land Devcl m nt Manager cc: Charles Knox Dan Barnobi Bill Saint: Dale Stewart Ro'to�I: Onfie 159,BYlse 145 Scaleybark Road, Charlotte, NC 28209-2608 • P.O. Box 11 31, Charlotte, NC 28 0-12 1 (70) 2 -8111 • Fax (704) 522-0975 of • ,77 Department of A • Fr Division of Environmental Management Janes B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr. P.., Director August 5, 1994 N.C. rr PT, o ENVIRONMENTHEALTH, Bill Mandell Land Development Manager AUG I f t , Centex Crosland Homes 145 Scaleybark cad DIVISION OF ER IRNN ENT ! MANRtENENI Charlotte, North Carolina , 28209-2608 MOORESVILLE REGIONAL OFFICE Subject: NPD S Permit NC O071994 1 eturn#64 /Recission Idlewild Acres Mecklenburg County Dear Mr. Yandell: Your request dated. June 3, 1994, that we continue to hold the permit application for the future wastewater treatment plant to service the Idlewild Acres; Subdivision has been fully evaluated. As you are aware, we have already allowed two extensions of the application period pending receipt of a complete application and resolution of the concerns expressed by the U.S. Fish and Wildlife Service, the NC Wildlife Resources Commission ission and this Division. In fact the application for the permit has been pending since March. 26, L9. The policy of the Division is to return all incomplete applications' Given the extent of the issues that you are addressing in order to finalize the application, have determined that it is no longer prudent or appropriate to continue to hold the application. As stated previously, return of this application in no manner compromises the ability of the discharge to be permitted, once the issues of the feasibility of nondischarge alternatives, the protection of the mussel habitat and the determination of the appropriate and legal applicant for the permit` have been satisfactorily resolved, If resolution of the above issues results in the determination that a discharge permit is the only feasible alternative and that adequate protection can be afforded the receiving stream through a discharge permit, an application may be resubmitted with the $400.00 fee, Resubmittal of an application shall :require that full documentation addressing the above concerns be included for the application to be considered complete. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone919-733-508 FAX 919-733-9919 n Equal Opportunity Affirmative Action Employer 0% recycled/ 10% post -consumer paper NPDES NCO071994 OF Return #t64 August 5, 1994 i?age Two Tease note that construction or operation of wastewater discharge facilities without a permit may be considered aviolation of the Division of Environmental Management regulation 15 NCAC 2H . 101 and the North Carolina General Statutes (CAS 143-215.). If you have any questions, please call Coleen Sullinsor Dave �oolrich at 91 /7 3-50 3. Sincerely; A. Preston Howard, Jr.,1.. cc. Central Files /application files Compliance "ran McPherson • - l�' 11, • i I;t'? DEC 145 ScaleybarkRoad Charlotte, NC 229 Subject; NPDSS Application NCO071994 Idlewild Acres Mecklenberg County Dear Mr. Yandell: Your application for renewal of an NPDES Permit to discharge treated domestic wastewater into Goose Creek from a proposed wastewater treatment facility located at Idiewil'd Acres on NCR 1525 was received on March 25, 1993.'Our Mooresville Regional Office has performed a site investigation, and the Division has completed its review of the permit application. The U.S. Fish and Wildlife Service in conjunction with the N.C. Wildlife Resources Commission has determined that Goose Creek is an essential habitat for the endangered Carolina' Heelsplitter mussel, of which only three populations are known to exist. To allow an additional discharge; into Goose Creek has the potential to adversely effect the endangered mussel species. The North Carolina Administrative Code, Chapter 15A N AC 2E .0201, the Antidegradation Policy, states that water quality which supports existing specific uses shall be protected by properly classifying surface waters and having standards to protect these uses. If an existing use is not included in a classification, the project which will affect these waters will not be permitted' unless the existing uses are protected. The Division of Environmental Management has also received documentation verifying that John Crosland Company has no legal ownership of the property Idlewood Acres by deed, contract or otherwise, We have in our files a copy of a deed which is recorded in the Union County Registry showing Dorothy K. Schoenith, now Dorothy K. McMillan, as owner of the property. ` Therefore; since this discharge poses the potential' to remove an existing use and as a result of questions associated with the legal ownership of the property, the Division intends to deny this permit application. P.O. Box 29535, Raleigh, North Carolina 27525-0535 Telephone 919-733-7015 F919-73 -249 ` An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% past -consumer paper PV Pagetwo Bill Yandell November 24 199 After thirty (30) days from receipt of this letter, this Division will send your permit application to public notice stating our intent to deny your application for a NPDES permit unless you withdraw your request for an NPDES permit, If you wish to withdraw your request for a NPDES permit, you may do so by stating that desire in a letter to our office. Your letter must be received by our office within thirty (30) days of your receipt of this letter. Please note that construction or operation of wastewater discharge facilities without a permit may be considered a violation of C EM regulation 15 NCAC H .0101 and the North Carolina General Statutes (G 14 . 15.1). If you have any questions, contact Ms. Cbleen Sullins at telephone number 919/ 33-5083. din 'erely, A. Preston 'Howard, Jr., P.E. 'I"Perrrits and Engineering Unit Technical Support Mr, slim Petrick, EPA U, . Fish and Wildlife John S. Freeman Central Files