20070656 Ver 2_Application Returned_20080512

AQF W H rFi9pG Michael F. Easley, Governor
y William G. Ross Jr., Secretary
1- North Carolina Department of Environment and Natural Resources
>_ --l
NC Coleen H. Sullins, Director
Division of Water Quality
May 12, 2008
DWQ Project # 07-0656, Ver. 2
Buncombe County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Rob Weber
The Cliffs Communities
3598 Highway 11
Travelers Rest, SC 29690
Subject Property: The Cliffs At High Carolina Parkway Road And Dam Upgrade
Ut to Swanannoa [040302,6-7-8, C]
Rocky Fork [040302, 6-57-4, C, TR]
RETURN OF APPLICATION
Dear Mr. Weber:
On February 29, 2008, the Division of Water Quality (DWQ) received your application dated
February 27, 2008, with additional information received from you on April 10, 2008, and May 7,
2008, to impact 0.052 acres of 404/wetland and 149 linear feet of perennial stream to construct
the proposed road through the site that is to be developed as a residential subdivision and to
upgrade an existing dam, however, your application remains unacceptable due to the following
items:
In our April 24, 2008, correspondence to you, we requested the following: "Are all lots
buildable without additional impact/fill?" Your May 5, 2008, submission does not
adequately address this request. Our review of your latest submission indicated at least
13 lots that will need building envelopes placed on them, and 16 lots do not appear to be
buildable without requiring additional fill.
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
919-733-1786 if you have any questions or concerns.
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:Hh2o.enr.state.nc.us/ncwetlands
N `hCarobna
Aoaturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
The Cliffs Communities
Page 2 of 2
May 12, 2008
Sinc ly, OPA
#401 yndi Karoly, Supervisor
Oversight/Express Review Permitting Unit
cc: Kevin Barnett, DWQ Asheville Regional Office
Lori Beckwith, USACE Asheville Regulatory Field Office
File Copy
Central Files
Jennifer Robertson, WNR, P.O. Box 882, Canton, NC 28716
Filename: 070656Ver2TheCliffsAtHighCarolinaRoadAndDamUpgrade(Buncombe)Returned_Application