HomeMy WebLinkAbout20220276 Ver 1_More Info Requested_202203171
Anderson, Mitchell L
From:Anderson, Mitchell L
Sent:Thursday, March 17, 2022 2:24 PM
To:steve@tsorealty.net
Cc:Brown, David W CIV USARMY CESAW (USA); tjmcs5840@gmail.com; Moore, Andrew W; Leslie,
Andrea J
Subject:DWR 22-0276 Obst Property_ Request for Additional Information
SENT VIA ELECTRONIC MAIL ONLY: NO HARD COPY WILL BE MAILED
Hello Mr. Obst:
On February 16, 2022, the Division of Water Resources (Division) received your application requesting a 401 Water
Quality Certification from the Division for the subject project, with the appropriate fee received on February 19, 2022.
The Division has determined that your application is incomplete and cannot be processed. The application is on‐hold
until all of the following information is received:
1. This Office believes the purpose of this project as described in the Pre‐Construction Notification can be
accomplished without 120 linear feet of recently installed culvert pipe and associated permanent stream
impacts.
a. Provide a detailed explanation of why the project purpose cannot be practically accomplished,
reduced, or reconfigured to avoid permanent impacts to the stream. Only the recently installed
section of culvert, concrete structure, and associated impacts are subject to avoidance and
minimization requirements. [15A NCAC 02H .0506(b)(1)]
2. The recently installed culvert and associated concrete structure cannot be approved in their current
configuration as they do not meet General Condition II.11 of Water Quality General Certificate No. 4256 for
proper burial and aquatic life movement during low flows.
a. If sufficient explanation of why permanent impacts cannot be avoided is provided, plans and a
construction sequence describing how the culvert will be brought into compliance with General
Condition II.11 must be provided.
b. If insufficient explanation is provided and permanent impacts can be avoided, plans and
construction sequence for removal of the new culvert and concrete structure must be provided.
[15A NCAC 02H .0502(a)(9)]
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the
proper consideration of the application. Please respond in writing within 30 calendar days of receipt of this letter by
sending one (1) copy of all of the above requested information to the 401 & Buffer Permitting Branch, 1617 Mail Service
Center, Raleigh, NC 27699‐1617 OR by submitting all of the above requested information through this
link: https://edocs.deq.nc.gov/Forms/Supplemental‐Information‐Form (note the DWR# requested on the link is
referenced above).
2
If all of the requested information is not received within 30 calendar days of receipt of this letter, the Division will be
unable to approve the application and it will be denied as incomplete. The denial of this project will necessitate
reapplication to the Division for approval, including a complete application package and the appropriate fee.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this activity and any
work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code.
Please contact Mitchell Anderson at 828.296.4662 or mitchell.anderson@ncdenr.gov if you have any questions or
concerns.
Thank you,
Mitchell Anderson
Environmental Specialist – Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ – Division of Water Resources
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
828-296-4662 office
mitchell.anderson@ncdenr.gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties