20090087 Ver 1_Notice of Withdrawal_20090701

NC6 R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 1, 2009
DWQ Project # 09-0087
Madison County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Roger Robinson
75 Roy Edwards Lane
Mars Hill, NC 28754
Subject Property: Mars Hill Commercial Site - AFTER-THE-FACT
Ut to Big Branch [040304, 6-96-10-5, WSII, HQW]
RETURN OF APPLICATION
Dear Mr. Robinson:
On January 26, 2009, the Division of Water Quality (DWQ) received your After-The-Fact application
dated January 23, 2009, with Public Notice issued by the on February 26, 2009, and received by the
DWQ on February 26, 2009, to fill or otherwise impact 1,050 linear feet of stream, for the purpose of
constructing the proposed commercial development at the site. On March 31, 2009, the DWQ sent a
Request For More Information letter to you requiring a response from you within 30 calendar days. On
April 28, 2009, and May 28, 2009, the DWQ received requests from your environmental consultant to
allow additional time to submit the requested information (the May 28, 2009, correspondence stated that
the requested information would be submitted to the DWQ by June 30, 2009). As of today the DWQ has
not received the requested information. For this reason your permit application is hereby considered
returned. Once you have redesigned your project to address the problems and inadequacies with your
application as it was submitted, you will need to reapply for DWQ approval. This includes submitting a
complete application package with the appropriate fee.
Please be aware that you have no authorization under Section 401 of the Clear Water Act for this activity
and any work done within waters of the state would be a violation of North Carolina General Statutes and
Administrative Code. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-1786 if you have
any questions or concerns.
Sincerely,
CKaroly, Supervisor
1 Oversight/Express Review Permitting Unit
CBK/i m
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.uslncwetiands/
NorthCarohna
Satz rally
An Equal Opportunity 1 Affirmative Action Employer
Mr. Roger Robinson
Page 2 of 2
July 1, 2009
cc: Amanda Jones, U.S. Army Corps of Engineers - Asheville Regulatory Field Office
Kevin Barnett, DWQ Asheville Regional Office
File Copy
Clement Riddle, CEC, Inc., 718 Oakland Street, Hendersonville, NC 28791
Filename: 090087MarsHil ICommerc ialSite(Madison)Retumed_Appl ication