20080246 Ver 1_Application Returned_20080320

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~Q~,~,.~=- RQ Michael F. Easley, Governor
r#~ ~ ~> j ~ William G. Ross Jr., Secretary
L.r~~W V~ r North Carolina Department of Environment and Natural Resources
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d - 3 'C Coleen H. Sullins, Director
Division of Water Quality
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SURFACE WATER PROTECTION
March 20, 2008
DWQ Project # 08-0246
Burke County
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 7002 0460 0001 9899 7446
Chad Knight
The Settings Development Company, LLC
11 Terry Estate Drive
Black Mountain, North Carolina 28711
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 7002 0460 0001 9899 7453
Susan Barbour
The Settings Development Company, LLC
48 Patton Avenue
Asheville, North Carolina 28801
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 7002 0460 0001 9899 7460
Susan Barbour
The Settings Development Company, LLC
4300 Paces Ferry Road
Suite 500
Atlanta, Georgia 30339
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 7002 0460 0001 9899 7477
CT Corporation System
The Settings Development Company, LLC
225 Hillsborough Street
Raleigh, North Carolina 27603
Subject Property: The Settings at Lake Rhodhiss Development
Lake Rhodhiss
RETURNED AS INCOMPLETE
Dear Mr. Knight:
On February 13, 2008, the Division of Water Quality (DWQ) received your application
submitted in regards to your request to perform dredging within Lake Rhodhiss.
NorthCarolina
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] ~~jturQ~~y
Internet: wvvw.ncwaterquality.org Customer Service 1-877-623-6748 FAX [phone]
An Equal OpportunitylAftirmative Action Employer - 50% Recycledll0% Post Consumer Paper

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Page 2 of 3
March, 20, 2008
The Division of Water Quality requested additional information from your consultant
twice via e-mail, and received prompt responses. The DWQ has determined that you
application and additional information are insuffient in order to make an agency
determination.
Therefore, we are returning your application as incomplete in accordance with
15A NCAC 2H .0506. In order for your project to be reviewed in the future, you must
submit a complete application along with the appropriate processing fee, including, but
not limited to:
• The application address is not the address of record for the development
companies for the Settings. You will note that this document was sent to the
registered, legal, address for the Limited Liability Corporation.
• A thorough discussion. as to the steps taken to avoid or minimize impacts to, and
protect, waters of the state must be included.
• A detailed site plan showing property boundaries and development plans in
relation to surrounding properties. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. This is in order to have
a complete understanding as to how the development will be pursued, and to
determine the stormwater needs for the development.
• As Lake Rhodhiss is a water supply impoundment, and has several water supply
intakes within its boundaries, a discussion as to how this project would not
impact either the water supply, nor violate North Carolina stream standards
(found in 15A NCAC 2B .0200).
• The purpose for this project, as stated in the application states that the project is
being performed to gain boat access for a single lot within the cove. The County
GIS database shows that this project may impact, or may provide access for
multiple lots. A clear purpose and need must be stated for this project, including,
but not limited to:
o How this project (reported at a current elevation of between 995 feet and
997 feet in elevation, while the full pool elevation as reported by Duke
Energy is 995 feet, indicating that this dredging would be removing a
island along with iYs shoreline habitat) would not cause a loss of warm
water shoreline spawning.
o As the property under the 995 elevation is within the Federal Electric
Licensing Commission (FERC) project boundary, and is managed by
Duke Energy Lake Management staff, why is this project being applied for
by anon-property owner, for the benefit of a single individual (potential lot
owner), with no stated legal rights of access for this property.
• No discussion has been provided as to why the locally maintained public and / or
private marina facilities cannot provide the lake access for the lots in this cove.

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Page 3 of 3
March, 20, 2008
As you have no authorization under Section 401 of the Clean Water Act for this activity,
any work within waters of the state would be a violation of North Carolina General
Statutes and Administrative Code. Please call Mr. Kevin Barnett at 828-296-4657 if you
have any questions this matter.
Sincerely,
t
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Division of Water Quality
CK
cc: Clement Riddle
Clearwater Environmental Consultants, Inc.
718 Oakland Street
Hendersonville, NC 28791
Cyndi Karoly, DWQ, Wetlands / 401 Permitting Unit
USACE Asheville Regulatory Field Office
Ron Linville, NC Wildlife Resources Commission
Wade Harmon, Duke Energy
c/o Lake Services - EC 12 Q
Post Office Box 1006
Charlotte, NC 28201-1006
File Copy
Central Files
Filename: 08-0246. LakeRhodhissLakeDredging.returned