20080537 Ver 1_Application Returned_20080502

?v""' C9QG Michael F. Easley, Governor
` William G. Ross Jr., Secretary
rte- North Carolina Department of Environment and Natural Resources
p Coleen H. Sullins, Director
Division of Water Quality
May 2, 2008
DWQ Project # 08-0537
Avery County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Bryan Hamby
Landstar Development. LLC
17505 West Catawba Avenue, Suite 350
Cornelius, NC 28031
Subject Property: Alpine Creek
Cranberry Creek [040201, 8-22-16, C, TR]
RETURN OF APPLICATION
Dear Mr. Hamby:
On March 20, 2008, the Division of Water Quality (DWQ) received your application dated March 12,
2008, with additional information received from you on March 24, 2008, to fill or otherwise impact 257
linear feet of perennial stream to construct four proposed roadway crossings at the site to facilitate
construction of a residential development at the site. On April 24, 2008, the DWQ received additional
information from you, however, you have not adequately addressed our April 14, 2008, correspondence
requesting additional information from you as stated below:
1. 257 linear feet of compensatory stream mitigation is required for this project. Please provide a
compensatory mitigation plan. The plan must conform to the requirements of 15A NCAC
211.0500 and must be appropriate to the type of impacts proposed.
For this reason your permit application is hereby considered returned. Once you have redesigned your
project to address the problems and inadequacies with your application as it was submitted, you will need
to reapply for DWQ approval. This includes submitting a complete application package with the
appropriate fee.
Please be aware that you have no authorization under Section 401 of the Clear Water Act for this activity
and any work done within waters of the state would be a violation of North Carolina General Statutes and
Administrative Code. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at ? 9-733-1786 if you have
any questions or concerns.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
401 Oversight/Express Review Permitting 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/ncwettands
NhCarolina
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Landstar Development. LLC
Page 2 of 2
May 2, 2008
cc: Kevin Barnett, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Keith Anthony, Shield Engineering, 3401 Taggart Creek Lane, Charlotte, NC 28208
Filename: 080537AIpineCreek(Avery)Returned_Application