20071281 Ver 1_More Info Letter_20070806

~o~ WarFRp Michael F. Easley, Governor
`Q (/ William G. Ross Jr., Secretary
Cq ~ North Carolina Department of Environment and Natural Resources
~ ,~. Coleen H. Sullins, Director
Division of Water Quality
August 6, 2007
DWQ Project # 07-1281
Haywood County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Michael Posey
Cobalt Development Group
76 Kimberly Avenue
Asheville, NC 28804
Subject Property: Sunset Falls At Bald Creek -AFTER-THE-FACT
Little Creek [040305, 5-22-2-3, C]
REQUEST FOR MORE INFORMATION
Dear Mr. Posey:
On July 26, 2007, the Division of Water Quality (DWQ) received your After-the-Fact
application dated July 15, 2007, to fill or otherwise impact 383 linear feet of perennial stream
(283 linear feet permanent impact and 100 linear feet intermittent impact), to construct the
proposed residential development. 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 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:
For General Certification 3631 (GC3631, and USACE NWP29) and General
Certification 3627 (GC3627, and USACE NWP 14) Condition No. 15, and Condition No
17, respectively, state that, "If this Certifrcation is used to access building sites, all lots
owned by the applicant must be buildable without additional ftll beyond that explicitly
allowed under other General Certifications. The applicant is required to provide
evidence that the lots are buildable without requiring additional impacts to wetlands,
waters or buffers if required to do so in writing by DWQ. For road construction
purposes, this Certification shall only be utilized from natural high ground to natural
high ground." Please provide all impacts for all Phases of the entire project.
401 OversightlExpress 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
turally
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Cobalt Development Group
Page 2 of 2
August 6, 2007
2. Please provide documentation that DWQ has made intermittent/perennial stream
determinations on the site, or please contact DWQ to schedule intermittent/perennial
stream determinations on the site.
3. Your proposed stream Crossing No. 4 appears to be aligned at approximately 45° and
Impact No. 7 appears to be at 60°. Please reconfigure your proposed stream crossing and
Impact No. 7 to show them aligned approximately perpendicular (between 75° and 105°).
4. The mitigation amount in Section VIII, Item No. 2, does not match that described in
Section VIII, Item No. 1 and the EEP acceptance letter. Please address these
discrepancies.
5. Road B closely parallels the stream (within 25 feet). Will stormwater management be
required at this location to reduce erosion and associated stream impacts?
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 discuss this matter. ~ I
Since e ,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting
Unit
CBK/ijm
cc: Kevin Barnett, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Clement Riddle, Clearwater Environmental Consultants, Inc., 718 Oakland Street,
Hendersonville, NC 28791
Filename: 071281 Su usetFallsAtBaldCreek(Haywood)On_Hold