20060798 Ver 2_Application Returned_20070830

~QF W p TF9Q Michael F. Easley, Governor
`~ ~i William G. Ross Jr., Secretary
~ r North Carolina Department of Environment and Natural Resources
~ ~
~ ~ Coleen H. Sullins, Director
Division of Water Quality
August 30, 2007
DWQ Project # 06-0798, Ver. 2
Rutherford County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Stig Wennerstrom
Vista Developers, LLC
525 N. Main Street
Hendersonville, NC 28792
Subject Property: Bill's Mountain
Ut to Broad River [030801, 9-(22), C]
RETURN OF APPLICATION
Dear Mr. Wennerstrom:
On July 30, 2007, the Division of Water Quality (DWQ) received your revised plans dated July
25, 2007, to fill or otherwise impact 384 linear feet of stream and flood 1,620 linear feet of
stream to construct the proposed 769-acre residential development and 5.10-acre amenity
impoundment. Your application was unacceptable due to the following items:
1. You have not provided data to show stream standard of temperature would not be
violated as required'by 15A NCAC 15A 02H .0506.
2. You have not provided data to show that stream standard of dissolved oxygen would not
be violated as required by 15A NCAC 15A 02H .0506.
3. It is the position of this Office that you have not adequately established a purpose and
need for the amenity impoundment at this residential development.
For these reasons your permit application is hereby considered returned. Once you have
redesigned your project to address the problems and inadequacies with your application as it was
submitted, you will need to reapply for DWQ approval. This includes submitting a complete
application package with the appropriate fee. Please be advised, however, that if the
requested information is not contained within your re-submittal, the DWQ will move
towards denial of your project.
Please be aware that you have no authorization under Section 401 of the Clear Water Act for this
activity and any work done within waters of the state would be a violation of North Carolina
401 Oversight/Express Review Permitting Unit
]650 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
None Carolina
~tura!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper

Vista Developers, LLC
Page 2 of 2
August 30, 2007
General Statutes and Administrative Code. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at
919-733-1786 if you have any questions or concerns.
Sincerely,
~ Cc~-,
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
Neil Yelverton, Wetland and Natural Resource Consultants, P.O. Box 882, Canton, NC 28716
Filename: 060798 Ver2BillsMo u ntai n(Rutherford)Retu rned_Application