20090097 Ver 1_Notice of Withdrawal_20090423

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coieen H. Sullins
Governor Director
April 23, 2009
Samuel W. Duncan Sr.
PO Box 600
Murphy, NC 28906
Steve Forrister
95 Valley River Ave
Murphy, NC 28906
Subject: Return of Application
401 Water Quality Certification
Murphy 66
DWQ Project # 09-0097
Cherokee County
Dear Messrs. Duncan and Forrister:
Dee Freernan
Secretary
On January 28, 2009, the Division of Water Quality (DWQ) received your application dated January 22, 2009,
to impact 115 feet of waters for the purpose of culvert installation for a parking lot. DWQ wrote to you on
February 26, 2009 discussing concerns that we have regarding the design of the project and stating that it would
be placed on hold for 30 calendar days giving you time to address DWQ's concerns. On March 12, 2009 a site
meeting was held to further discuss additional ir. formation needed to process your application. Since this
project was put on hold for additional information on February 26, 2009 and a response was not received to
address our questions by the deadline, we are returning your application. If you want to carry out this
proposed impact, you will need to reapply and pay the 401 Certification fee again. If you want to reapply,
please provide the following information so that we may review your project.
Please note: No impacts associated with the subject project are approved at this time.
To pursue the project further, a new Pre-Construction Notification and applicable fee will be required, as well
as the additional information presented below.
Additional Information Required:
Culvert Cross Section
Please provide cross section details showing the provisions for aquatic life passage. Culverts are
required to be buried below streambed by approximately 20% of their diameter; a 36 inch culvert
should be buried approximately 7 inches.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affrmative Action Employer
NorthCarolina
Naturally
Murphy 66
April 23, 2009
Page 2 of 3
2. Stream Impacts
Please indicate all stream impacts including fill, dissipaters and bank stabilization. You
requested installation of a 115-foot culvert with riprap place downstream for erosion control.
The riprap placed instream for erosion control or as a dissipater needs to be included in the linear
footage of impacts.
3. Site Plan
You must provide full sized plans. The following is the minimum list of plans that are typically
needed.
Proposed conditions - This sheet (or sheets) must include:
¦ All wetland, stream and water features
¦ All built-out structures; including, impervious surfaces
¦ Final grading contours with elevations
Drainage Plans - Final drainage plans must include the following:
• Locations and pertinent elevations and sizes of the stormwater collection system and
drainage ways
• Scaled stormwater BMPs must also be indicated as required by DWQ rules and
policies
4. Stormwater Management Plan
Compacted gravel is considered an impervious surface. If the parking lot will constitute 24% or
greater of the area for the Duncan and Forrister lots, then the site will require stormwater Best
Mangaement Practices (BMPs) structures.
Please provide five (5) copies of stormwater management plans along with all supporting
information pertaining to this project including the following:
(i) Entire site development/layout plans delineating all drainage areas
(ii) Design calculation sheets for all proposed BMP(s) sized for both on-site and
off-site drainage
(iii)BMP supplements for each proposed BMP and Required Items Check List
(http://h2o.enr.state.nc.us/su/bmp forms.htm) along with all required items
(iv)A Notarized Operation & Maintenance Agreement for each stormwater
management facility
(v) Detailed construction drawing sheets shall include:
a. Erosion and sediment control plans
b. Installation and planting schedules for the proposed BMPs
c. Appropriately scaled plan views (1":50' scale) and cross sectional
details of all BMPs and associated components - inlet and outlet
structures, forebay, respective zones and pertinent elevations.
5. City Approval
As discussed at the site meeting March 12, 2009, a sewerline main runs along the stream where
you proposed to place the culvert. The appropriate city approval will be needed to assure the
structural integrity of that sewerline.
l?
Murphy 66
April 23, 2009
Page 3 U3
Upon receipt of a complete application along with the applicable fee, the DWQ will promptly review the
package and respond accordingly. Please call Linda Wiggs 828-296-4500, if you have any questions.
Sincerely,
Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: US Army Corps of Engineers Asheville Field Office
Cyndi Karoly - 401 Permitting Unit
Cherokee Planning Office
ARO File copy
G:\W PDATA\DEM WQ\Cherokee\401 s\09-0097Retum-murphy66.doc