20080299 Ver 1_More Info Letter_20080410

~~F W ATFRQ Michael F. Easley, Governor
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`~ ~i ~G~, ~` °' - William G. Ross Jr., Secretary
C%J ~ \ l ~- - - North Carolina Department of Environment and Natural Resources
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t 5:~^„--~ <~.: ~ Coleen H. Sullins, Director
- Division of Water Quality
April 10, 2008
DWQ Project # 08-0299
Avery County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED 7002 0460 0001 9899 6982
Mike Simpson
Linville Land Harbor
Post Office Box 160
Linville, North Carolina 28646
Subject Property: Linville Land Harbor Dam Repair
Linville, NC
REQUEST FOR MORE INFORMATION -
Dear Mr. Simpson:
On February 14, 2008, the NC Division of Water Quality received your new application
for a dam replacement with respect to property on Along the Linville River. Based on
our review of your submitted application, the DWQ has determined that your application
was incomplete and/or provided inaccurate information as discussed below. The DWQ
will require 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. 15A NCAC 02H .0506 (f) requires that "a lack of practical alternatives" be
demonstrated. As members of your property owners association met with staff of
the US Army Corps of Engineers, the Division of Water Quality, and the North
Carolina Wildlife Resources Commission last year at the Army Corps office in
Asheville proposing an alternative plan that would provide for an "off-line"
impoundment and for a free flowing Linville River through the property, you must
provide a discussion regarding this proposal, in your alternatives analysis.
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
Noy` Carolina
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Linville Land Harbor
Page 2of 2
April 10, 2008
You must provide a clear and concise response to the above listed deficiencies. Please
respond before the close of business on May 9, 2008 by sending 5 copies of this
information to both the 401 Permitting Unit at:
Mrs. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a 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 before May 9, 2008, we will assume that you no longer want
to pursue this project and we will consider the project as withdrawn.
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 DWQ. Please-call Mr.
Kevin Barnett at 828-296-4657 if you have any questions regarding or would like to set
up a meeting to discuss this matter.
-Since ly,
n
~_._._
Roger C. Edwards, Regional Supervisor
Division of Water Quality
Surface Water:Protection Section
RCE/khb
cc: USACE Asheville Regulatory Field Office
David McHenry, Wildlife Resources Commission
John Vilas, ENV - ECS, Inc.
643 Greenway Road
Suite K3
Boone, NC 28607
Cyndi Karoly, 401 /Wetlands Central Office
File Copy
Central Files
Filename: 08-0299.LinvilleLandHarbor.Add-Info