20090448 Ver 1_Notice of Violation_20090527

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NCENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 27, 2009
Mr. Scott Banks
717 Dillingham Road
Barnardsville, NC 28709
Subject: Request for More Information
401 Water Quality Certification
Sardis Road Project
DWQ Project # 09-0448
NOV-2008-OP-0055 and NOV-2008-CV-0018
Buncombe County
Response deadline: June 26, 2009 or 30 days from receipt
Dear Mr. Banks:
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. The site plan for the project indicates that 145 feet of stream will be culverted to accommodate a
portion of the facility parking lots. As the proposed front parking lot is the purpose for these
impacts and that you own property directly adjacent to this project, all alternatives must be fully
explored and submitted along with all efforts to avoid and minimize necessary impacts per 15A
NCAC 2H .0506(b). You must include a thorough "avoidance and minimization" discussion,
which addresses these requirements.
2. Please explain why Fill area "B" will not be restored. The Division required, as part of the
Notice of Violation, that this area be restored in addition to Fill area "A". You must re-submit
your restoration plan which includes this area.
3. For the stream restoration work, you must submit final design and construction drawings based
on surveyed reference reach conditions (pattern, dimension, and profile) in the immediate
Hominy Creek drainage, representative of pre-project conditions.
Location 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone]i Customer Service: 1-877-623-6748 On
Internet: www ncwaterquality.org N?o/}ahCai-oll ii na
An Equal Opportunity '•. Affirmative Action Employer v ? atmjally
Scott Banks
May 27, 2009
Page 2 of 3
4. You must submit a final monitoring plan, which includes stream stability and vegetation success
criteria. The monitoring should be for minimum of 5 (five) years, on an annual basis, and
include both a "failure to meet success criteria" plan and an annual reporting component. You
should include the proposed two cross sections (specified in Part 3.2 of the plan) and the
longitudinal profile.
5. It should be noted, that if future development equals or exceeds 24% impervious surface, you
will be required to develop, submit for DWQ approval, and implement Stormwater Management
Plans. The stormwater management plan must include construction plans, specifications,
stormwater BMP worksheets, and supporting calculations. The stormwater best management
practices are required to be appropriate for the surface water classification and designed to
remove at least 85% TSS according to the most recent version of the NC DENR Stormwater Best
Management Practices Manual. Protective mechanisms which ensure that the above condition
will be complied with must be submitted.
Please provide your response in writing to the addresses below prior to June 29, 2009 or 30 days from receipt.
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:
Ms. Susan A. Wilson
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. However, timely resolution of the associated NOVs will still be
required through necessary stream restoration and sediment removal.
Scott Banks
May 27, 2009
Page 3 of 3
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 Ms. Wilson at 828-296-4500, if you have any questions.
Sincerely,

Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Ms. Liz Hair - US Army Corps of Engineers Asheville Field Office
David McHenry - North Carolina Wildlife Resources Commission
Cyndi Karoly - 401 Permitting Unit
Buncombe County Planning
ARO File copy
G:\WPDAI'A\DGMWQ\Buncombe\Complaints\Banks-West\Banks Sardis Road addinfo 5 2009.doc