20071532 Ver 1_Application Returned_20071206

.. ~OF W A TF,gp Michael F. Easley, Governor
~~ G William G. Ross Jr., Secretary
~ ~ North Carolina Department of Environment and Natural Resources
~ ..,1
~ -C- Alan W. Klimek, P.E. Director
Division of Water Quality
November 13, 2007
DWQ Project # 07-1532
Buncombe County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Jeffery Owen
Rose Hill Plantation Development, LLC
34041 New Leicester Highway
Leicester, NC 28748
Subject Property: Rose Hill Plantation
Unnamed Tributary to Sluder Branch
Project Return as Incomplete
Dear Mr. Owen:
On October 15, 2007 and November 5, 2007, the Division of Water Quality (DWQ)
received your additional information responses in regards to your request to fill wetlands
as part of your site development. As of today, the DWQ has not received a satisfactory
response to all of the items discussed in the additional information requests. Therefore,
we are returning your application as incomplete in accordance with 15A NCAC 2H
.0506.
Should you decide to pursue you project, the following items must clearly be included in
any future application to the Division of Water Quality for filling Waters of the State:
• You have proposed a wetland fill for the purposes of post construction
stormwater treatment. You have included no discussion as to avoiding the
wetland all together, nor utilizing diversion structures to provide treatment either
off wetland or to minimize wetland impacts. Additionally, the statement in the
online sales litrature stating that there would be a "stocked lake" (indicating a
constant pool) onsite would lead this agency to believe that the stormwater
collected will not be discharged in accordance with the drawdown requirements
outlined in the State's BMP manual, and that the proposed structure is an
amenity, as opposed to a treatment facility.
As this proposed structure would convert the current wetland usage to a open
water feature, the surface water standards would apply to the proposed pond.
You must provide data which shows that the proposed facility would not violate
current surface water standards.
401 Wetlands Certification Unit
1650 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
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NorthCarolina
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An Equal OpportunitylAffirmative Action Employer- 50% Recycledll0% Post Consumer Paper

Rose Hill Plantation
Page 2 of 2'
November 13, 2007
As you have no authorization under Section 401 of the Clean Water Act for this activity,
and work within waters of the state would be a violation of North Carolina General
Statutes and Administrative Code. As the currently proposed impoundment dam has
already been constructed and is fill within the wetland, you must provide a restoration
plan for the removal of the fill, the restoration of the wetland, and the monitoring of the
wetland with success criteria. Please call Kevin Barnett at 828-296-4657 if you have
any questions this matter.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Division of Water Quality
C K/khb
cc: Neill Yelverton, Wetlands and Natural Resource Consultants, Inc.
Post Office Box 882
Canton, NC 28716
Shawn M. Lynch, P.E., Brooks and Medlock, PLLC
17 Arlington Street
Asheville, NC 28801
Cathy Ball, P.E., City of Asheville
Cyndi Karoly, DWQ, Wetlands / 401 Permitting Unit
Lori Beckwith, USACE Asheville Regulatory Field Office
David McHenry, Wildlife Resources Commission
Becky Fox, US EPA, Region 4
File Copy
Central Files
Filename: 07-1532.RoseHillPlantation.returned