20081560 Ver 1_More Info Letter_20081217

?OF W ATFRQ Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
>
.? Coleen H. Sullins, Director
Division of Water Quality
December 22, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 7007 1490 0004 0798 9630
Steve and Peggy Im
Post Office Box 1547
Eatonville, Washington 98328
Subject Property: Im Driveway Access
Rose Creek (HIW02, 1-57-7-1, Class C)
DWQ Project # 08-1560
Cherokee County
RETURNED AS INCOMPLETE
Dear Mr. and Mrs. Im:
On October 9, 2008, the Division of Water Quality (DWQ) received your application to perform filling
activities within streams. The Division of Water Quality requested additional information mailed
November 17, 2008. As of December 22, 2009, no response has been received from you. 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:
Your submitted application does not include all of the impacts on site, nor the removal and
restoration of these impacts. You must either obtain authorization for, or propose to remove and
restore the following:
Rock and concrete dam to impound waters of an un-named tributary to Rose Creek
below the constructed bridge.
The stream bank and bed excavation and rock dam construction above the constructed
bridge.
The earthen fill associated with the routing of the two un-named tributaries between the
two driveways.
2. The Water Quality General Certification (WQC # 3705, Condition 13.) for this activity requires that:
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low flows.
Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert. Placement of culverts
and other structures in waters and streams must be placed below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent
of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow
low flow passage of water and aquatic life.
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.org Customer Service 1-877-623-6748 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper
Im Driveway Access
Page 2 of 2
December 22, 2008
The 3 installed 20 foot long culverts are perched on the downstream end and must be removed
and properly re-installed in order to meet this requirement of the Water Quality Certification. A
discussion to this effect must be included in your 401 request.
2. Application Item XIII requested information regarding the compliance status of this project with
respect to Water Quality Statutes and Standards. As this project has received a Notice of Violation,
you must update this section of your application to reflect this compliance status.
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 at 828-296-4657 if you have any questions this matter.
Sincerely,

Roger C. Edwards, Regional Supervisor
Surface Water Protection
Division of Water Quality
cc: Ryan Helton
Post Office Box 1125
Copper Hill, Tennessee 37317
Cyndi Karoly, DWQ, Wetlands / 401 Permitting Unit
USACE Asheville Regulatory Field Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 08-1561. ImDrivewayAccess. returned