20070379 Ver 1_More Info Letter_20070521

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~ .~ Alan W. Klimek, P.E. Director
Division of Water Quality
May 21, 2007
DWQ Project # 07-0379
Buncombe County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Michael Pierce
5 Bailey Run
Fairview, NC 28730
Subject Property: Cedar Pointe Crossing
Gashes Creek [040302, 6-78-21, C]
REQUEST FOR MORE INFORMATION
Dear Mr. Pierce:
On March 2, 2007, the Division of Water Quality (DWQ) received your application dated February 20,
2007, to fill or otherwise impact 0.019 acres of 404/wetland and 3401inear feet of perennial stream (280
linear feet permanent impacts, 60 linear feet temporary impacts) to develop Outparcel D. On May 1,
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) Since this proposed impervious area on this project is 41.2 percent, General Certification 3631
(available at: http://h2o.enr.state.nc.us/ncwetlands/documents/WQC3631.~df) requires that the
project have asite-specific stormwater management plan that is designed to remove 85 percent of
TSS according to the DWQ Stormwater BMP Manual. Applicants have the following two options
when pursuing a 401 certification:
a) Conditiona1401 certification: To receive a 401 certification with a condition that a final
stormwater management plan be submitted within 60 calendar days of the 401 certification
issuance, the applicant must submit a preliminary stormwater management plan that shows the
types, sizes and locations of the proposed stormwater BMPs on the site plan. For each proposed
BMP, the applicant must submit a DWQ worksheet for the BMP with all items in Part I: Project
Information completed.
b) Final 401 certification: In order to receive a fina1401 certification, the applicant must submit a
final stormwater management plan that shows the types, sizes and locations of the proposed
stormwater BMPs on the site plan. For each proposed BMP, the applicant must submit a DWQ
worksheet for the BMP with all items in Part I.• Project Information and Part II: Required Items
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
None Carolina
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Mr. Michael Pierce
Page 2 of 2
May 21, 2007
Checklist completed. Some examples of the information that must be included per the Required
Items Checklist are detailed plans of each BMP, a planting plan (if applicable), details of the inlet
and outlet structures, access easements, and a signed and notarized operation and maintenance
agreement.
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 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 M illan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to did u s this matter.
Cyndi Karoly, Supervisor
~Ol Oversight/Express Review Permitting Unit
CBKlijm
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: 070379CedarPoiuteCrossing(Bu ncombe)On_Hold2