HomeMy WebLinkAbout20060385 Ver 1_More Info Letter_200606266?, W p`TEiQQG Michael F. Easley, Governor
y William G. Ross Jr., Secretary
t - North Carolina Department of Environment and Natural Resources
5 .-I
r 'L Alan W. Klimek, P.E. Director
Division of Water Quality
June 26, 2006
DWQ Project # 06-0385
Transylvania County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Robert Johnson
Fletcher Management Company
1548 The Greens Way
Suite 4
Jacksonville, FL 32250
Subject Property: Forge Lake (formerly Osborne Lake)
Sutton Creek Road, Transylvania County
REQUEST FOR MORE INFORMATION
Dear Mr. Johnson:
On June 15, 2006, the Division of Water Quality (DWQ) received your additional
information in regards to impacts to streams for constructing the proposed Forge Lake.
The DWQ has determined that your additional information 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:
15A NCAC 02H .0506(a) states that it shall be determined if "the proposed activity
has the potential to remove or degrade those significant existing uses which are
present." 15A NCAC 02B .0202 (30) defines "existing uses" as "uses actually
attained in the water body [ ] whether or not they are included in the water quality
standards." Fletcher Management Group and Wetland and Natural Resource
Consultants has yet to provide compelling data which shows that this impounding
activity will adversely impact the existing brook trout population. Without such data,
the Division of Water Quality lacks sufficient information to issue this Certification.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 /FAX 919-733-6893 /Internet: htta://h2o.enr.state.nc.us/ncvvetlands
NorthCarolina
Naturldil
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
Forge Lake
Page 2of 2
June 26, 2006
Please respond before July 10, 2006 by sending this information to both the 401
Permitting Unit at:
Mrs. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and 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 July 10, 2006, 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.
Sincerely,
RCE1khb
Roger C. Edwards, Regional Supervisor
Division of Water Quality
Surface Water Protection Section
cc: Jennifer Robertson, Wetland and Natural Resource Consultants, Inc.
Post Office Box 882
Canton, NC 28716
401 Permitting Unit, Central Office
USACE Asheville Regulatory Field Office
David McHenry, Wildlife Resources Commission
File Copy
Central Files
JUN s X006
-1k QUALITY
Filename: 06-0385.ForgeLake#2.Add-Info