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Home My WebLink About20052255 Ver 1_More Info Letter_20060428F WAIF O~O 9QG Michael F. Easley, Governor ~ William G. Ross Jr., Secretary r' North Cazolina Department of Environment and Natural Resources ~_ ~ D '< Alan W. Klimek, P.E. Director Division of Water Quality April 28, 2006 DWQ Project # 05-2255 Transylvania County CERTIFIED MAIL: RETURN RECEIPT REQUESTED 7005 0390 00013552 9197 Andy Baker McKeogh Land Company, Inc. 208 Franklin Street Grand Haven, MI 49417 Subject Property: Round Mountain Falls Eastatoe, Transylvania County REQUEST FOR MORE INFORMATION Dear Mr. Baker: On December 21, 2005, the Division of Water Quality (DWQ) received your application to impact 950 linear feet of streams to construct the proposed Round Mountain Falls subdivision. 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. A qualitative analysis of cumulative impacts must be performed in accordance with http://www.ncwateraualitv.ora/ncwetlands/documents/InteriminternalPolicvCumulati velmpact.doc 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 919-733-68931 Internet: httD://h2o.enr.state.nc.us/ncwetlands NorthCarolina J1~atura!!y An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper Round Mountain Falls ., Page 2of 4 April 28, 2006 2. 15A NCAC 02H .0506 (f) requires that "a lack of practical alternatives" be demonstrated. No discussion in regards to developing the project without the significant number of culverts, or a significantly reduced number of culverts, 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 clear discussion of minimization of impacts must be presented. 4. The submitted covenants discuss in many places about possibly building future phases to the project. You must address these additional cumulative impacts as part of your application. 5. The figures for the project do not have legends and some of the features are not distinctively marked so it makes it difficult to see and/or interpret the figures. You must submit updates maps with legends and clearly marked features. 6. Their proposed restoration is to remove sections of old logging roads and the existing culverts. However, for some of the restoration areas (especially areas 6, 7, 8, 9, 10, and 11) appear to propose additional culverting for new roads within 100 feet of restoration areas. You must address these issues as part of you avoidance and minimization discussion. 7. Several of the lots appear to not be large enough for the required house footprint (minimum of 1400 square feet on the ground floor), or for a house to be built and be accessed because they would need to put a driveway across a stream under conservation easement. You must address these issues as part of you avoidance and minimization discussion. 8. There is currently no conservation easement on any of the streams in the northwest portion of the project area. These easements need to be included on your resubmitted maps. 9. There is no information concerning how the stream segments will be designed (dimension, pattern, profile information, log placement,. etc). You restoration plan must include the stream segments to be restored, the reference reach dimensional data you are using to determine you design criteria, a longitudinal profile for the existing streams and the proposed restoration project, and the structure placement to be utilized in your restoration. 10.The proposal includes the use of large woody debris as amendments, but it does not say how or where. In order to ensure public safety, and stream stability, you must describe how this woody debris will be utilized in your restoration. 11. There is no information concerning monitoring plans or success criteria. You must submit a monitoring plan and define your success criteria in accordance with DWQ policy and include this in your application. Round Mountain Falls Page 3of 4 Apri128, 2006 12.In the application, it is referenced that the lake buffer shall be owned by, and protected by, the Home Owners Association. As it is inappropriate for the future owners to protect the buffer from themselves, this area (and all protected areas) must be held in either a conservation easement in the name of a third part who is organized specifically for the protection of aquatic resources or binding deed restrictions which require the approval of the DWQ prior to any deed language changes. 13. In the application, the Stream Mitigation Plan states the use of Acer rubrum is not an appropriate stream restoration buffer plant, it must be removed from your mitigation plan and all other plant species must come from the Guidelines for Riparian Buffer Restoration available at http://h2o. en r. state. nc. us/wrp/pdf/buffers. pdf 14.In the application, a Brook Trout Study from Western Carolina University was submitted, but omits a sampling location map. You must provide a copy of a sampling map to the DWQ. Please respond before May 26, 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 May 26, 2006, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. Round Mountain Falls Page 4of 4 Apri128, 2006 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, `T yR~.M1 ~~ 0 Roger C. Edwards, Regional Supervisor Division of ~Nater Quality Surface Water Protection Section RC E/khb cc: Jennifer Robertson, Wetland and Natural Resource Consultants, Inc. Post Office Box 882 Canton, NC 28716 Amanda Mueller, 401 Permitting Unit, Central Office USACE Asheville Regulatory Field Office David McHenry, Wildlife Resources Corr~mission File Copy Central Files Filename: 05-2255.RoundMountainFalls.Add-Info