HomeMy WebLinkAbout20071967 Ver 1_More Info Letter_20071213OF W ATFR Michael F. Easley, Governor
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~O.r., ~ ~i William G. Ross Jc, Secretary
~ r ~ North Carolina Department of Environment and Natural Resources
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~ ~ Coleen H. Sullins Director
Division of Water Quality
SURFACE WATER PROTECTION SECTION
December 13, 2007
DWQ Project # 07-1967
Henderson County
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 7006 3450 0002 7064 2295
David Parris
Youngblood Oil Company
Post Office Box 2590
Hendersonville, North Carolina 28793
Subject Property: Mr. Pete's Convenience Store
Fletcher, Henderson County
REQUEST FOR MORE INFORMATION
Dear Mr. Parris:
On November 19, 2007, the Division of Water Quality (DWQ) received your application
to stabilize 330 linear feet of an un-named tributary to Cane Creek along your property.
The DWQ has determined your application to be incomplete and/or provided inaccurate
information as discussed below. The DWQ will require the below specified additional
information in order to process your application to impact protected wetlands and/or
streams 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 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:
1. Purpose of Proposed Work
In you submitted explanation of the proposed work; you state that the work was
"necessary" to protect the "building and parking lot."
Impact Justification (Avoidance and Minimization) _ ,~,~,.i. ~.,
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North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone:(828) 296-4500 Customer Service 1-877-623-6748
Internet: wwwncwaterquality.org FAX:(828) 299-7043
An Equal OpportunilylAffirmative Action Employer - 50% Recycledll0% Post Consumer Paper
Youngblood Oil Company
Page 2 of 3
December 13, 2007
Under Section VII of your application you stated that the activity was "necessary to
stabilize the bank of a stream adjacent to a parking lot and building. Only the area
adjacent to these features was stabilized."
At the time of the issued Notice of Violation, rip-rap extended far beyond the paved
area to beyond where the Car-Wash facility was later constructed. You must
explain why "stream bank erosion protection" was needed for a facility, which did
not exist.
2. Stormwater
Under Section X of your application, you state that the addition of rip-rap
stabilization would only increase the impervious area by a minimal amount. As this
site is near 90% impervious, some form of stormwater collection and treatment
must be retrofitted in order to protect existing surface water standards.
Please respond by January 15, 2008 by sending 5 copies of the requested information
to both the 401 Permitting Unit at:
Mrs. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
And a single copy to the Asheville Regional Office at:
Kevin Barnett
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If we do not hear from you by January 15, 2008 of your receipt of this letter, we will
assume that you no longer want to pursue this project and we will consider the project
as withdrawn. Additionally, we will assume that all un-permitted stabilization will be
removed and the stream bank restored.
Youngblood Oil Company
Page 3 of 3
December 13, 2007
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 DWO. Please call Ms.
Cyndi Karoly at 919-733-1786 or Mr. Kevin Barnett at either 828-296-4657 or at
kevin.barnett@ncmail.net if you have any questions regarding or would like to set up a
meeting to discuss this matter.
Sincerely,
Ro e~ r C. Edwards, Re Tonal Su ervisor
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Division of Water Quality
Surface Water Protection Section
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cc: Neill Yelverton, Wetlands and Natural Resources Consultants, Inc.
Post Office Box 882
Canton, NC 28716
Cyndi Karoly, 401 Permitting Unit, Central Office
USACE Asheville Regulatory Field Office
David McHenry, Wildlife Resources Commission
File Copy
Central Files
Filename: 07-1967. MrPetes.Add-Info