20090269 Ver 1_More Info Letter_72000422

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 27, 2009
Mark Fortner
25 Holly Hills Road
Bryson City, NC 28713
Subject: Request for More Information
401 Water Quality Certification
Mac's Indian Village
DWQ Project # 09-0269
Jackson County
Response deadline: May 29, 2009
Dear Mr. Fortner:
The Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Clarify Project Size and Plans.
Section B. Project Information #lb lists property size at 33.5 acres, but states in #6b that future
plans are three phases of approximately 20 acres each. Please clarify the size of the project. In
this same section it is stated that the anticipated activities are construction of roadway and
driveway for 1-acre residential lots. Please submit proposed site plan layout with roadways and
lots.
2. Specify all Proposed Impacts.
Section C. Proposed Impacts 43 requests 149 feet of permanent stream impacts for one impact
location. It is unclear where the impact is to take place and for what purpose. An aerial map was
included in the application submittal indicating a proposed culvert. A roadway width for this
project does not justify 149 feet of impact for a stream crossing. If the impact is for one roadway
crossing then Section D needs to be further described and justified. Please keep in mind
mitigation is required once you go over 150 feet of impacts.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwatei-quality.org
An Equal Opportunity 1 Affirmative Action Employer
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NorthCarolina
AltllrRlilf
Mark Fortner
April 27, 2009
Page 2 of 2
3. Stormwater Management Requirements.
Section E. Stormwater Management #2a. lists 0% imperviousness for the project. All proposed
building footprints, roads, driveways, sidewalks; gravel-surfaced areas, amenity areas, etc. need
to be considered for the percent of imperviousness of the project. A Stormwater Management
Plan (SMP) must be provided for any drainage areas that exceed 24 percent imperviousness.
4. Violation Documented
A site visit was conducted on April 8, 2009. Greater than 150 feet of an Unnanmed Tributary to
Soco Creek was channelized, representing loss of best use which is a Water Quality Stream
Standard violation of 15A NCAC 02B .0211 (2). The violation has occurred at the proposed
culvert location indicated on the aerial map submitted with the application. Please explain why
these impacts occurred without prior authorization. The stream channel must be restored, the
stream banks must be stabilized, and replanting of the riparian zone will be required.
Please provide your response in writing to the addresses below prior to May 29, 2009. Four copies of the
required information should be provided to the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a single copy to the Asheville Regional Office at:
Linda Wiggs
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary 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 Linda Wiggs 828-296-4500, if you have any questions.
Sincerely,
16)lv d.
Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: US Army Corps of Engineers Asheville Field Office
David McHenry - North Carolina Wildlife Resources Commission
Cyndi Karoly - 401 Permitting Unit
Jackson County Planning
ARO File copy GAWP DATA\DEMWQ\Jackson\401s\09-0269Addlnfo-MaclndianViIIage doc