20130141 Ver 1_More Info Letter_20130227

10NEWAR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvada, III
Governor Director Secretary
February 27, 2013
Marc Hehn
Fisery Iss & CO, Trustee, FBO
117 Dorchester Avenue
Summerville, South Carolina 29483
Subject: Request for More Information
401 Water Quality Certification
Apple Cottage Relocation
DWQ Project # 2013 -0140
Macon County
Response deadline: March 26, 2013
Dear Mr. Hehn:
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.
Additional Information Requested:
1. Application Item A. 3. requests Owner Information under which the Water Quality Certification
is to be issued. The North Carolina Administrative Code (15A NCAC 02H.0500) requires that
the applicant be a "person" as defined in the N.C. General Statutes. (NCGS § 143 Ch. 21). Upon
researching the provided ownership information, the listed entity ( Fisery Iss & Co., Trustee) does
not meet the definition of a "person." In order for this Certification to be issued, an entity must
be a legal organization to do business in NC (generally as registered with the North Carolina's
Secretary of State). Please provide documentation showing that the owner of the property is
registered to do business in the State of North Carolina.
2. Application Item D.1. Requests information regarding how impacts to waters were avoided or
minimized. Upon review of the provided site map, it appears that the culvert south of the
proposed driveway, and north of the proposed utility crossings are not necessary in order to
achieve the project need. Please provide a complete discussion as to how impacts were avoided
or minimized, and submit plans for how any excess culvert, that is not necessary, will be
removed and streams restored in those areas.
Location- 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: 828 - 2964500% FAX: 828 - 299 -7043
Internet www.ncwraterqualky.org
An Equal Opportunity 1 Affirmative Action Employer
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Marc Hehn
Fisery 1ss & Co., Trustee
February 27, 2013
Page 2 of 2
Please provide your response in writing to the addresses below prior to March 26, 2013. Four copies of the
required information should be provided to the Wetlands, Buffers, Stormwater Compliance and Permitting Unit
at:
Ms. Karen Higgins
WBSCP Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
and a single copy to the Asheville Regional Office at:
Kevin Barnett
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 Kevin Barnett (828) 296 -4657, if you have any questions.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: David Brown - US Army Corps of Engineers Asheville Field Office
David McHenry - North Carolina Wildlife Resources Commission
Karen Higgins - WBSCP Unit
County Planning
ARO File copy
S:\S WP\Macon\401 s\ Non- DOT1Hehn.AppleCovage. Highlands\li ehen. AppleCottage .Addlnfo.02- 26- 2013.doc