20090569 Ver 1_Notice of Withdrawal_20090714

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 14, 2009
Mr. Patrick E. Carlton, Trustee
P.O. Box 2128
Cashiers, NC 28717
Subject: Return of Project and Additional Information Required
401 Water Quality Certification
Chinquapin Irrigation Supply Project
DWQ Project # 09-0569
Jackson County
Dear Mr. Carlton:
Dee Freeman
Secretary
The Division of Water Quality (DWQ) has reviewed the application submittal for the subject project. The
information required to complete the review process was not sufficient. Therefore, the project application is
considered inadequate for review by the Division of Water Quality (DWQ).
Please note: No impacts associated with the subject project are approved at this time.
To pursue the project further, a new Pre-Construction Notification will be required, as well as the additional
information presented below. The Division understands that the Army Corp of Engineers has also returned
your project due to incomplete application/incomplete information.
Please provide the following information when and if you choose to resubmit your project for review:
Additional Information Requested:
The proposed pump system will be placed in Robinson Creek, as Class WS-III, Tr waterbody in
the Little Tennessee River Basin. Per 15A NCAC 2B .0215(3)(b)(i)(H) for WS (water supply)
water bodies, water dependent structures "may be allowed where no practicable alternative
exists." No demonstration has been made in the application regarding the feasibility of
alternatives to the pumping system (via drilling a deeper well, rainwater harvesting, or the use of
reuse water on the golf course, or other means of water conservation).
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 Affirmative Action Employer
NorthCarolina
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Mr. Carlton
July 14, 2009
Page 2 of 2
2. The Division is unable to determine the impact to the stream from the information provided.
Maximum pumping capacity (include pump sizing) and maximum predicted withdrawal should
be provided, in addition to the 7Q 10s flow of the stream. Approval must be based on worse case
conditions - which is maximum withdrawal under low flow stream conditions.
A scaled drawing should be provided indicating temporary impact, access to stream and Tulip
Pond (including Tulip Pond).
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 Susan A. Wilson at [phone], if you have any
questions.
Sincerely,
Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Ms. Lori Beckwith - US Army Corps of Engineers Asheville Field Office
David McHenry - North Carolina Wildlife Resources Commission
Cyndi Karoly - 401 Permitting Unit
George Buchholz, EcoEngineering, 2905 Meridian Parkway, Durham, NC 27713
Jackson County Planning
ARO File copy
G:\WPDATA\DEMWQ\Jackson\401s\Chinquapin Irrigation supply\Chinquapin Irr addinfo 7 2009.doc