20150603 Ver 1_More Info Letter_20150715

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North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
July 15, 2015
DWR # 15 -0603
Mitchell County
Starli McDowell
Toe River Valley Watch
P.O. Box 252
Penland, NC 28765
Subject: Request for Additional Information
Grassy Creek Stream Enhancement
Dear Ms. McDowell:
On June 18, 2015, the Division of Water Resources (Division) received your application dated June 11, 2015,
requesting a 401 Water Quality Certification from the Division for the subject project. 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. The Agent Authorization Forms for Roger and Mary Pittman and the Baker Family Partnership
properties are unsigned. Provide signed copies of these forms.
2. Section C.3. of the Pre - Construction Notification (PCN) Form lists stream impacts S1, S2, 53, and S5 as
temporary. The placement of in- stream structures, the relocation of stream channel, and the
modification of stream dimension are considered permanent impacts. Please re- submit this section of
the PCN to reflect permanent impacts.
3. The PCN proposes to culvert 34.5 feet of Stream 4. Provide additional details describing why this
impact is necessary to achieve your project goals.
4. It is not clear what you propose with regard to stabilization of Stream 3. Provide details regarding
proposed impact S5.
5. Sheet 5 indicates a berm to the south of Wetland D is to be removed. It appears that removing the
berm may affect the hydrology of Wetland D. Explain how the removal of the berm will not result in
impacts to Wetland D.
6. Condition 7 of Water Quality Certification 3885 requires that "All work in or adjacent to stream waters
shall be conducted so that the flowing stream does not come in contact with the disturbed area."
Provide a description and work sequence of how you plan to meet this condition.
Division of Water Resources — Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: 828 - 296 -4500 \ FAX: 828 - 299 -7043
Internet: http : / /portal.ncdenr.org /web /wq /ws
An Equal Opportunity \ Affirmative Action Employer

Grassy Creek Stream Enhancement
DWR# 15 -0535
Request for Additional Information
Page 2 of 2
Pursuant to Title 15A NCAC 02H .0502(c), the applicant shall furnish all of the above requested information for
the proper consideration of the application. If all of the requested information is not received in writing
within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it
will be returned. The return of this project will necessitate reapplication to the Division for approval, including
a complete application package and the appropriate fee.
Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all of the
above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC
27699 -1617.
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 Andrew Moore at 828 - 296 -4684 or [e-mail] if you have any questions or
concerns.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Jason Zink — Zink Environmental, PLLC (via email)
Tasha Alexander — USACE'Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
DWR ARO 401 files
DWR 401 & Buffer Permitting Unit
G: \WR \WQ \Mitchell \401s \Non -DOT \Grassy Creek Stream Enhancement\ ADDINFO. GrassyCreekStreamEnhancement7- 15- 15.doc