20080546 Ver 1_More Info Letter_20080419

O?O? W A 7. 9Q Michael F. Easley, Governor
A William G. Ross Jr., Secretary
t- North Carolina Department of Environment and Natural Resources
O < Coleen H. Sullins, Director
Division of Water Quality
May 19, 2008
DWQ Project # 08-0546
Avery County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7002 0460 0001 9899 7927
Anne Winkleman
315 Lazy Bear Trail
Valle Crucis, North Carolina 28691
Subject Property: Winkleman - Buckeye Road Property
Beech Creek, Avery County
REQUEST FOR MORE INFORMATION
Dear Mrs. Winkleman:
On April 11, 2008, the Division of Water Quality (DWQ) received your application to impact
0.089 acres of wetlands to construct the proposed impoundment on your property. 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 (b)(4) requires that any project not result in cumulative [or
secondary] impacts. As part of the submitted information states that the road will be
upgraded to 16 feet wide (such as a subdivision road), a qualitative analysis of
cumulative impacts must be performed in accordance with
http://www.ncwaterciualitv.orq/ncwetlands/documents/interiminternalPolievCumulativelMD
act.doc
2. 15A NCAC 02H .0506 (f) requires that "a lack of practical alternatives" be demonstrated.
While alternative sites have been discussed in your application, no discussion in regards
to developing the project without the impoundment, or a significantly reduced
impoundment (or offline impoundment), has been presented. A discussion regarding
practical alternatives with respect to a reduction of impacts must be presented.
3. 15A NCAC 02H .0506 (g) requires a demonstration of minimization of impacts. As
discussed in item number 2, impact minimization has not been sufficiently addressed. A
discussion regarding the minimization of impacts must be presented.
No thCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone]
G:\WPDATA\DEMWQWvery\401 s\08-0546.Winkleman-BuckeyeRoadProperty.Add-Info.doc
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Winkleman - Buckeye Road Property
Page 2 of 2
May 19, 2008
Please respond before June 13, 2008 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 June 13, 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.
Sincerely,
VIC
Roger C. Edwards, Regional Supervisor
Division of Water Quality
Surface Water Protection Section
RCElkhb
cc: John Vilas, ENV-ECS, Inc
643 Greenway Road, Suite K-3
Boone, NC 28607
401 Permitting Unit, Central Office
USACE Asheville Regulatory Field Office
Ron Linville, Wildlife Resources Commission
File Copy
Central Files
Filename: 08-0546.Winkleman-BuckeyeRoadProperty.Add-Info