20090269 Ver 1_Notice of Withdrawal_72000714

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North Carolina Department Of Environment and Natural Resources
Divisior; of Water :)uj, iiy
Beverly Eaves Perdue Co!een H. Sullins Dee Freeman
Governor Director Secretary
July 14, 2009
Mark Fortner
25 Hollv I fills Road
Bryson City. NC 2871 3
Subject: Return of Application
401 Water Quality Certification
Mac's Indian Village
DWQ Project # 09-0269
Jackson County
Dear Mr. Fortner:
The Division of Water Quality (DWQ) has not received the information requested in the letter dated April 27,
2009, liar the subject project. Therefore, the project application is considered incomplete and inadequate for
review by the Division of Water Quality (I)WQ).
]'lease note: No impacts associated with the subject project are approved at this time.
To pursue the project further, a new Pre-Construction 'otilication and applicable fee vvil) be required, as well
as the additional information presented below.
Additional Information 12equired:
1. Clarify Project Size and Plans.
Section 13. Project Information lllb lists property siic at 315 acres. but states in #6b that future
plans are three phases ol'approximatcly 20 acres each. Please clarify the sie of the project. In
this same section it is stated that the anticipated activities are construction of roadway and
driveway for I-acre residential lots. Please submit proposed site plan layout with roadways and
lots.
2. Specify all Proposed Impacts.
Section C. Proposed Impacts 1/3 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 roadwyv width for this
project does not justify 149 feet of impact for a stream crossing. ll'the impact is for one roadway
crossing then Section 1) needs to be kirther described and justified. Please keep in mind
mitigation is required once you go over 149 feet of impacts.
Lor rr) 2`90 U-S Highway 70, Swannanoa, North 28
Phone 296-45M, FAX- 828-299-7043 1 t ustarne, „vice 1- 23-ti/?' <
htk vv w ncwa1uquali'y org
An i ee o i 1 ;1;; oriundy'. Aifinnaiiee Action [mployer
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Mark Fortner
July Iel, 2009
Page 2 ol'2
3. Stormwater Management Requirements.
Section F. Stormwater Management ll2a. lists 0% imperviousness for the project. All proposed
building footprints. roads, driveways, sidewalks; gravel-surfaced areas, amenity areas, ctc. need
to be considered for the percent ol'imperviousness ol'the project. A Stormwater Management
Plan (SMP) must he provided for any drainage areas that e\cced 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 channclized, representing loss of best use which is a Water Quality Stream
Standard violation of 15A NCAC 0213 .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 authorir.ation. The stream channel must be restored. the
stream banks must be stabilized. and replanting ofthc riparian zone will be required.
Attached please find the 401 lhcrsi?Tht%l:'.a?re,tis Pernritting N'N Submittal Checklist. This document provides a
comprehensive list of'submittal requirements and is also available from the DWQ website:
http://h2o.enr.state.nc.uti `nc?? etl<inds,!a ???Ivin?.l?tml
Upon receipt of a complete application along with the applicable fee.. the DWQ will promptly review the
package and respond accordingly. Please call Linda Wiggs 828-296-4500.. ifyou have any questions.
Sincerely,
Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: US Army Corps of 1:nginecrs Asheville I field Office
David McHenry - North Carolina Wildlife Resources Commission
Jackson Co. Planning Dept.
Cyndi Karoly - 401 Permitting Unit
ARO File copy
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