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HomeMy WebLinkAbout20071967 Ver 1_More Info Letter_20071213OF W ATFR Michael F. Easley, Governor ~'`'' ~ Q ~O.r., ~ ~i William G. Ross Jc, Secretary ~ r ~ North Carolina Department of Environment and Natural Resources ~ a ' --1 ~ ~ 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. ~., ~~'{ t s r ~ ~ ~~.+ 1p`~ p~ ~_ ~ ~ C ~ ~ 2007 t7~t~lEt - WA'I ~R G2UAl.TTY ~rt~lat+a~ros~o~~~;~~swwc~+ o~, NorthCarolina naturally 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 g 9 p Division of Water Quality Surface Water Protection Section RCE 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