20071505 Ver 4_More Info Letter_20160505

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May 5, 2016
Henderson County
Attn: Mr. Marcus Jones
1 Historic Courthouse Square
Hendersonville, NC 28792
Subject: REQUEST FOR ADDITIONAL INFORMATION
Seven Falls Bonded Phases
Dear Mr. Jones:
PAT MCCRORY
DONALD R. VAN DER VAART
s
S. JAY ZIMMERMAN
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DWR # 07-1505 v4
Henderson County
On October 1, 2015, the Division of Water Resources (Division) received your application dated
September 29, 2015, requesting an Individual Water Quality Certification from the Division for the subject
project. Representatives of the Asheville Regional Office (ARO) visited the Seven Falls Bonded Phases
project on August 11, 2015 and November 6, 2015. On December 2, 2015, the Division requested
additional information and received a response on March 7, 2016. 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:
Several of the responses included conceptual plans to address the requested information with
notes that final, site-specific designs would be provided upon permit issuance. The Division may
issue the individual water quality certification with conditions to require final, site-specific designs
for culverts to be replaced or modified and stream restoration and stabilization activities. On
April 8, 2016, Henderson County representatives met with the current Seven Falls property
owners and indicated the County's inability to act as the applicant for the permit. The Division
has concerns about issuing the water quality certification with conditions for final, site-specific
designs to be submitted prior to construction when there isn't a responsible party to fulfill these
conditions. Please clarify how compliance with the conditions of the certification will be ensured
if the county is not the applicant for the proposed project.
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. 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 Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617. 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 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
State of North Carolina I Environmental Quality I Water Resources 1401 & Buffer Pennitting
1617 Mail service Center � Raleigh, North Carolina 27699-1617
919 707 6300
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Henderson County
DWR# 07-1505 v4
Request for Additional Information
Page 2 of 2
Statutes and Administrative Code.
Contact Zan Price at 828-296-4500 or [e-mail] or Jennifer Burdette at 919-807-6364 or
[e-mail] if you have any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: R. Clement Riddle, ClearWater Environmental Consultants, Inc., 32 Clayton Street, Asheville,
INC 28801
USACE Asheville Regulatory Field Office
DWR ARO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 071505V4SevenFaIIsBonded Phases(Henderson)_401_IC_Hold2.docx