20071239 Ver 1_More Info Letter_20070726

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North Carolina Department of Environment and Natural Resources
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Coleen H. Sullins, Director
Division of Water Quality
July 26, 2007
DWQ Project # 07-1239
Buncombe County
Mr. David Hanks
City of Asheville Water Resources Department
P.O. Box 7148
Asheville, NC 28802
Subject Property: City of Asheville -Water System Improvements
French Broad River [040302, 6-(54.5), B]
REQUEST FOR MORE INFORMATION
Dear Mr. );Tanks:
On July 19, 2007, the Division of Water Quality (DWQ) received your application dated July 9, 2007 to
permanently impact 105 linear feet of perennial stream, to construct water line improvements at the site.
The DWQ has determined that your application was incomplete and/or provided inaccurate information
as discussed below. The DWQ will require additional information in order to process your application to
impact protected wetland, streams and/or buffers on the subject property. Therefore, unless we receive
the additional information requested below, we will have to move toward denial of your application as
required by 15A NCAC 2H .0506 and 2B .0233(8) 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:
As you probably know, DWQ's rules require that we certify that the project will not result in
"cumulative impacts, based on past or reasonably anticipated future impacts, that cause or will
cause a violation of downstream water quality standards" NCAC 2H .0506(b)(4). As stated in
your cover letter, installation of this water line project is "to replace old, undersized water lines
and provide water service to areas currently not served". With respect to cumulative impacts, the
Preconstruction Notification (PCN -Section XIV, of the March 2005 version) form for the
project asks,
"Will this project (based on past and reasonably anticipated future impacts) result in additional
development which could impact nearby downstream water quality? Yes or No If yes, please
submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent
North Carolina Division of Water Quality policy posted on our website at:
http://h2o. enr. state.nc.us/ncwetlands/documents/InterimInternalPo licyCumulativeImpact.doc
Although, you answered "No" in Section XIV Cumulative Impacts, since has cited above, some
of the project involves supplying water service to areas currently not served, there may be
additional wetland and stream impacts in order to develop adjacent undeveloped parcels and the
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401 Oversight/Express 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: http•//h2o enr state nc us/ncwetlands
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City of Asheville
Page 2 of 2
July 26, 2007
stormwater from these developments have the may cause a violation of downstream water quality
standards.
Therefore, we will place this project on hold for incomplete information until the cumulative
impacts of this project are adequately addressed. Alternatively, one way to address this concern
is to have the City of Asheville commit to requiring on-site stormwater management measures
(such as level spreaders, bioretention or constructed wetlands) for the additional development
when adjacent parcels within the utility corridor are developed. However, the Division is open to
other approaches that would give us the assurance that downstream water quality would be
protected from the cumulative impacts of this project.
2. Please complete and submit Sections N and V of the PCN application.
Please submit this information within 30 calendar days of the date of this letter. If we do not receive this
requested information within 30 calendar days of the date of this letter, your project will be withdrawn
and you will need to reapply with a new application and a new fee.
~_
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 McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discu this matter.
Since ly,
CBK/ijm
Cyndi Karoly, Supervisor
~O1 Oversight/Express Review Permits Unit
cc: Kevin Barnett, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Filename: 071239COAsheville WaterSystemImprovements(Buncombe)On_Hold