20081600 Ver 1_Application Returned_20081209

F WArF
\O?0 9Q?i Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
December 9, 2008
DWQ Project # 08-1600
Haywood County
CERTIFIED MAIL
RETURN RECEIPT REQUESTED -;7007 1490 0004 0798 9517
Ricky Teague
Freshwater Development, LLC
5009 High Pointe Drive
Pensacola, Florida 32505
Subject Property: River Woods Subdivision
UT to Pigeon River [040305, 5-(7), C
RETURNED AS INCOMPLETE
Dear Mr. Teague:
On October 17, 2008, the Division of Water Quality (DWQ) received your application
submitted in regards to your request to perform filling activities within 30 linear feet of
streams. The Division of Water Quality requested additional information in the form of
an Additional Information Request mailed October 24, 2008. A response was received
from you on November 5, 2008. The DWQ has determined that your application and
additional information are insufficient in order to make an agency determination.
Therefore, we are returning your application as incomplete in accordance with
15A NCAC 2H .0506. In order for your project to be reviewed in the future, you must
submit a complete application along with the appropriate processing fee, including, but
not limited to:
• You must provide a complete alternatives analysis (evaluating all other forms of
amenities, including, but not limited to, a surface water feature) which clearly
articulates the purpose and need of the proposed amenity, as requested in
Application Item III. 11.
• You must provide an avoidance and minimization narrative, including discussion
about why an offline pond (with no fill in waters) cannot serve the proposed
purpose, as required by Application Item VII.
• You must submit complete and comprehensive dam details.
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778
Internet: www.ncwaterguality org Customer Service 1-877-623-6748
Phone[phone]
FAX [phone]
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River Woods Subdivision
Page 3 of 3
December 9, 2008
• You must provide data showing how water quality standards will not be violated
within the proposed impoundment (including, but not limited to: temperature, pH,
and dissolved oxygen).
• You must provide a site plan with a lot layout overlay for the entire subdivision.
• You must provide a vicinity map, a NRCS Soil Survey, and grading plans with a
stream and wetland feature overlay as requested in Application Item III.
• You must provide a project description (in detail) regarding the entire project
(includes build-out) as requested in Item III. 10. You must include a discussion
as to why a stream relocation is necessary for this project.
• You must provide a complete evaluation of impervious surfaces for the
development (at build-out) in order to determine the type of stormwater
management needed for this development as requested in Application Item XI. If
final disposition of the development not be in the applicants control, then a
restrictive mechanism limiting impervious surfaces may be utilized in order to
complete these calculations.
• You must provide a final disposal disposition for all wastewater generated from
this development (at build-out) as'requested in Application Item XII.
As you have no authorization under Section 401 of the Clean Water Act for this activity,
any work within waters of the state would be a violation of North Carolina General
Statutes and Administrative Code. Please call Mr. Kevin Barnett of 828-296-4657 if you
have any questions this matter.
Sincerely,

Roger C. Edwards, Regional Supervisor
Surface Water Protection
Division of Water Quality
KB
cc
Wanda H. Austin, P.E.
Heaven's Rose, Inc.
44 Homespun Road
Sylva, North Carolina 28779
Cyndi Karoly, DWQ, Wetlands / 401 Permitting Unit
USACE Asheville Regulatory Field Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 08-1600.RiverWoodsSubdivision.returned