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HomeMy WebLinkAbout20080755 Ver 1_More Info Letter_20080515W ATF9 Michael F. Easley, Governor Q William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources -? Coleen H. Sullins, Director Division of Water Quality May 15, 2008 DWQ Project # 08-0755 Buncombe County CERTIFIED MAIL: RETURN RECEIPT REQUESTED MSD of Buncombe County, NC 2028 Riverside Drive Asheville, NC 28804 Subject Property: Reems Creek Master Plan Sewer Interceptor Extension Reems Creek [040302, 6-87-(10), C] REQUEST FOR MORE INFORMATION Dear Sir or Madam: On May 8, 2008, the Division of Water Quality (DWQ) received your application dated April 21, 2008, to fill or otherwise impact 242 linear feet of perennial stream, to install a new sewer line to protect public health and facilitate orderly growth in the area. 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 five copies of the additional information requested below, we will place this project on hold as incomplete until we receive this additional information. If we do not receive the requested information, your project will be formally returned as incomplete. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Cumulative Impacts As you probably know, DWQ's rules require that we certify that the project will not result in "cumulative impacts, based on past or reasonably anticipated future impacts, that cause or will cause a violation of downstream water quality standards" NCAC 21-1.0506(b)(4). In reviewing your PCN, it appears that construction of this waterline extension may result in additional development along this corridor. With respect to cumulative impacts, the Preconstruction Notification (PCN - Section XIV) form for the project asks, "Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? [Yes or No] If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at: hqp://h2o.enr.state.nc.us/ncwetlands/documents/InterimInternalPolicyCumulativeImpact.doc Although, the "No" box was checked in regards to this question, and while this may be accurate, clearly there will be additional stream impacts in order to develop the adjacent parcels and the stormwater from these developments may cause a violation of downstream water quality NQrthCarolina 401 Oversight/Express Review Permitting Unit Natura!!y 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: http:Hh2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper MSD of Buncombe County, NC Page 2 of 2 May 15, 2008 standards. One way to address this concern is to have Buncombe County commit to requiring on- site stormwater management measures (such as level spreaders, bioretention or constructed wetlands) for the additional development when those parcels are developed. However, the Division is open to other approaches that would give us the assurance that downstream water quality would be protected from the cumulative impacts of this project. Please submit this information within 30 calendar days of the date of this letter. If we do not receive this requested information within 30 calendar days of the date of this letter, your project will be withdrawn and you will need to reapply with a new application and a new fee. 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 Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733- 1786 if you have any questions regarding or would like to set up a meeting to discus this matter. Since ly, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBK/Ym cc: Kevin Barnett, DWQ Asheville Regional Office USACE Asheville Regulatory Field Office File Copy Central Files Filename: 080755ReemsCreekMasterPlanSewerloterceptorExtension(Buncombe)Ou_Hold