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Home My WebLink About20061883 Ver 1_Withdrawal Letter_20070129f 0~ ~ A ~~ \O~ ~QG Michael F. Easley, Governor ~ y William G. Ross Jr., Secretary ~ {"" North Carolina Deparhnent of Environment and Natural Resources -~i~r ~ ~ "~ Alan W. Klimek. P.E. Director -s Division of Water Quality January 29, 2007 DWQ Project # 06-1883 Haywood County CERTIFIED MAIL RETURN RECEIPT REQUESTED - 700fi 2150 0005 2459 6707 Ron Wilkinson VantagePointe Investments Of Waynesville, LLC 3151 Southview Avenue Montgomery, AL 36106 Subject Property: VantagePointe Homes at Balsam Mountain Haywood County Project Return as Incomplete Dear Mr. Wilkinson: On January 25, 2007, the Division of Water Quality (DWQ) received your additional information response in regards to your request to fill streams as part of your site development. As of today, the DWQ has not received a satisfactory response to all of the items discussed in the on-site meeting and the additional information request. Therefore, we are returning your application as incomplete in accordance with 15A NCAC 2H .0506. Should you decide to pursue you project, the following items must clearly be included in any future application to the Division of Water Quality for filling Waters of the State: • As this agency has knowledge of wetlands along the road corridor where your project is located, as to comply with the secondary and cumulative impacts requirement of 15A NCAC 02H .0506, the Division must have knowledge that your project will not impact waters of the state beyond those stated in your application. A soils and wetland survey must be completed and submitted as part of any new application. 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 / Internet: htta://h2o.enr.state.nc.us/ncwetlands No~ithCarolina ~Na~ura!!r~ An Equal OpportunitylAffirmative Action Employer- 50% Recycledl10% Post Consumer Paper I Airport Road Retail Shopping Center Page 2 of 2 September 20, 2006 • Your submitted plans show a utility corridor along Richland Creek. As Richland. Creek is classified C Trout, in order to comply with 15A NCAC 04B .0125, a 25 woody vegetated buffer must be left undisturbed along trout classified waters. Should a woody buffer not exist, a plan for the re-establishment of said buffer should be included as part of any future Section 401 request. • The submitted plan includes a depiction of a road crossing across Richland Creek. No discussion of this impact, or how it will be constructed as to not be an impact has been included in any new application. • Should further impacts to buffers and waters be needed for this project, 15A NCAC 02H .0506 (g) requires a demonstration of minimization of impacts. A discussion regarding the minimization of all impacts must be presented as part of any new application. • In the application, there is no reference as to how the buffers on-site will be protected. As it is inappropriate for the future owners to protect the buffer from themselves, this area (and all protected areas) must be held in a conservation easement in the name of a third party who is organized specifically for the protection of aquatic resources or binding deed restrictions which require the approval of the DWQ prior to any deed language changes. • In the submitted application, the required stormwater management section was answered as N/A or not applicable. Based upon review of the submitted plans, and the indicated impervious area, a state stormwater plan review will need to be completed prior to any impacts occurring. A complete stormwater plan, addressing how stormwater will be managed, treated, and discharges must be included with your application. The submitted County letter of approval is not sufficient to meet this requirement. Airport Road Retail Shopping Center Page 2 of 2 September 20; 2006 As you have no authorization under Section 401 of the Clean Water Act for this activity, and work within waters of the state would be a violation of North Carolina General Statutes and Administrative Code. Please call Ms. Cyndi Karoly at 919-733-1786 or Mr. Kevin Barnett at 828-296-4657 if you have any questions this matter. Sincerely, O-~~e ~~~ Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality CK/khb cc: Denzil Biter, P.L.S. DBS & Associates Engineering, Inc. 330 North 2"d Street Clarksville, TN 37040 401 Permitting Unit, Central Office USACE Asheville Regulatory Field Office David McHenry, Wildlife Resources Commission Mark Pruett, Haywood County Inspections Becky Fox, US EPA, Region 4 File Copy Central Files Filename: 06-1883.VantagePointHomesatBalsamMountain.returned