20061589 Ver 1_More Info Letter_20061109

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~~~ ~ ~-.-, ~~ Michael F. Pasley, Gover~tor
~~ ` '' ~ William G. Ross Jr., Secretary
~ :~~ ~.r~~ r North Carolina Department of Environment and Natural Resources
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© " 'C Alan W. Klimek, P.E. Director
Division of Water Quality
November 6, 2006
DWQ Project 06-1589
Buncombe County
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 7005 0390 0001 3553 1930
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James P. Livesey --,~r~
Livesey Development, LLC ~ t~~~~~~~ ~~
850
9 Broxburn Lane ~;p~ ~ -- 2006
Waxhaw, NC 28173
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VVETLANQS ANlD ST~RIdIWP,TER BRANCH
Subject Property: Livesey Developement
Intersection of Swannanoa River Road
and Governors View Road, NC
REQUEST FOR MORE INFORMATION
Dear Mr. Livesey:
On October 6, 2006, the Asheville Regional Office of the Division of Water Quality
(DWQ) received a copy of your application to impact 320 linear feet of streams to
construct the proposed Livesey Developement. The DWQ has determined that you
must provide a formal application (with processing fee) in accordance with 15A NCAC
02H .0500 and the conditions of the Water Quality General Certification # 3402.
Additionally, 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 the additional information requested below, proceeding
with your project, as presented in your submitted application, will result in Violations of
North Carolina Water Quality Standards and Violations of North Carolina General
Statutes. Please provide the following information so that we may continue to review
your project.
Additional Information Requested:
• Mitigation
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] /Internet: httpalh2o enr.state.nc.usincwetlands
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w~~ur~«y

Livesey Developement
Page 2 of 3
November 6, ?006
Application Item Number VIII. requires that if mitigation is required for this project,
a copy of the mitigation plan must be attached in order for USACE or DWQ to
consider the application complete for processing. Any application lacking a
required mitigation plan or NCEEP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for
stream restoration in DWQ's Draft Technical Guide for Stream Work in North
Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide html.
Additionally, Application Item VIII. 1. requires that the applicant provide a brief
description of the proposed mitigation plan. The description should provide as
much information as possible, including, but not limited to: site location (attach
directions and/or map, if offsite), affected stream and river basin, type and amount
(acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or
preservation), a plan view, preservation mechanism (e.g., deed restrictions,
conservation easement, etc.), and a description of the current site conditions and
proposed method of construction. Please attach a separate sheet if more space is
needed.
The submitted information is not sufficient to constitute a mitigation plan.
Please respond before the close of business on November 20, 2006 by sending this
information to both the 401 Permitting Unit at:
Mrs. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and 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 before November 20, 2006, we will assume that you no
longer want to pursue this project and we will consider the project as withdrawn.

Livesey Developement
Page 3 of 3
November 6, ?006
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 Kevin
Barnett at 828-296-4657 if you have any questions regarding or would like to set up a
meeting to discuss this matter.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Division of Water Quality
J R Dlkhb
cc: Rebekah L. Newton
Wetland and Natural Resource Consultants, Inc
Post Office Box 882
Canton, NC 28716
Cyndi Karoly, DWQ 401 Central Office
David Baker, USACE Asheville Regulatory Field Office
David McHenry, NC Wildlife Resources Commision
File Copy
Central Files
Filename: 06-1589. LiveseyDevelopement.Addinfo