20070120 Ver 1_Withdrawal Letter_20070522

p~pF W ATFgQG Michael F. Easley, Governor
.y William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
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©""~.~ 'C Alan W. Klimek, P.E. Director
Division of Water Quality
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May 22, 2007
DWQ Project # 07-0120
Rutherford County
CERTIFIED MAIL - 7006 2150 0005 2459 6387
RETURN RECEIPT REQUESTED
Nahiya Younan Romano
Carolina Peaks, LLC
Post Office Box 692075
Orlando, Florida 32836
Subject Property: Carolina Peaks
Rutherford County
RETIRED AS INCOMPLETE
Dear Mr. Romano:
On February 22, 2007, the Division of Water Quality (DWQ) mailed you an additional
information request in regards to your request to construct an impoundment for the
proposed Carolina Peaks Subdivision. The Division of Water Quality received your
response in on May 28, 2007 (twelve days after the deadline in the Request). Your
Response has failed to meet the requirements of the request. Therefore, we are
returning your application as incomplete in accordance with 15A NCAC 2H .0506.
Incomplete Information:
1. 15A NCAC 02H .0506 (f) requires that "a lack of practical alternatives" be
demonstrated. A discussion with respect to installing a bridge with no supporting
data is insufficient in this respect. A discussion regarding practical alternatives with
respect to a reduction of impacts must be presented.
2. Application Item III. requires a detailed site plan showing property boundaries and
development plans in relation to surrounding properties. There is a stream flowing
through lots 7, 8, 9, 10, 11, 12, 60, 61, 58, and 57. There are no setbacks from the
stream to protect water quality. Any future submittal must show how streams will
be protected.
Nom thCarolina
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North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Asheville Regional Office Internet: www ncwatergi_ality.org FAX [phone]
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Carolina Peaks
Page 2of 2
February 22, 2007
3. Application Item XI. Requests a stormwater management description for the
entire development, for the life of the development. You application states that
an Erosion and Sediment Control Plan will be submitted. An Erosion and
Sediment Control Plan only addresses stormwater for events up to and including
the 10-year storm event, for the period of land disturbance. There is no long
term management and treatment of stormwater presented for this project.
As you have no authorization under Section 401 of the Clean Water Act for this
activity, and work within waters of the state would be a violation of North Carolina
General Statutes and Administrative Code. Please call Ms. Cyndi Karoly at 919-
733-1786 or Mr. Kevin Barnett at 828-296-4657 if you have any questions this
matter.
Sincerely,
______~
Roger C. Edwards, Regional Supervisor
Division of Water Quality
Surface Water Protection Section
RCElkhb
cc: David W. Poore, P.E.
West Consultants, PLLC
405 South Sterling Street
Morganton, NC 28655
USACE Asheville Regulatory Field Office
David McHenry, Wildlife Resources Commission
Cyndi Karoly, 401 /Wetlands Unit
File Copy
Central Files
Filename: 07-0120.CarolinaPeaks.Returned