20081405 Ver 1_More Info Letter_20081118

O?QF W ATF,9QG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Q C Coleen H. Sullins, Director
Division of Water Quality
November 18, 2008
DWQ Project # 08-1405
McDowell County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7007 1490 0004 0798 8923
Tammy Ritter
Bernick Enterprises, LLC
7836 Highway 70, East
Nebo, North Carolina 28761
Subject Property: Bennick Staging Area
Catawba River (Lake James) (CTB30, l l-(8), Class C)
REQUEST FOR MORE INFORMATION
Dear Mrs. Ritter:
On October 9, 2008, the Division of Water Quality (DWQ) received your application to impact
an undetermined amount of open waters for the After-The-Fact approval of the Bennick Staging
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 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. Your application does not indicate how much fill in waters has been placed to create this
staging area. Please specify all fills related to the staging area such that this agency can
proceed with your application.
Nease respond in writln,, withirt 30 calendar days of the d,ite of this letter by sending a copy of
this ititormation 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:
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www,.ncwaterquality.org FAX [phone]
One
NorthCarolina
Naturally
GAWPDATA\DEMWQ\Mcdowell\401 s\08-1405.BennickEnterprises.On-Hold.doc
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Bernick Enterprises, LLC
November 18, 2008
Kevin Barnett
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
Page 2 of 2
If you will not be able to provide the requested information within that timeframe, please provide
written confirmation that you intend to provide the requested information, and include a specific
timetable delineating when the requested materials will be provided. If we do not hear from you
in 30 calendar days, we will assume that you no longer want to pursue this project and we will
consider the project as returned.
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 Kevin Barnett at 828-296-4500 if you
have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
? -c i r` v i'= ?. ?i,,. rte. c??
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: Asheville Regional Office
USACE Asheville Regulatory Field Office
Cyndi Karoly, 401 Permitting Unit
Central Files
C •\WPDATA\DFMWQ\Mcdowell\401s\08-1405.Benniel(Enterprises.On-Hold.doe