20090743 Ver 1_More Info Letter_20090807

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
August 7, 2009
DWQ Project# 09-0743
Cleveland County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Messrs. Paul H. Malkmus and George H. Malkmus
900 South Post Road
Shelby,NC 28150
Subject Property: The Villages At Hallelujah Acres—AFTER-THE-FACT
Ut to Roberts Branch [030805, 9-53-7-(2), C]
REQUEST FOR MORE INFORMATION
Gentlemen:
On July 6, 2009,the Division of Water Quality(DWQ) received your After-the-fact application dated
April 21, 2009,with additional information received on July 9, 2009,to fill or impact 65 linear feet of
perennial stream and 430 linear feet of intermittent stream, to develop the proposed mixed use
development at the site. The DWQ has determined that your application was incomplete and/or provided
inaccurate information as discussed below. The DWQ will require additional information in order to
process your application to impact protected wetlands and/or streams on the subject property. Therefore,
unless we receive five copies of the additional information requested below, we will place this project on
hold as incomplete until we receive this additional information. If we do not receive the requested
information,your project will be formally returned as incomplete. Please provide the following
information so that we may continue to review your project.
Additional Information Requested:
1. Per the requirements of GC 3705,this project must comply with Stormwater Management Plan
(SMP) Requirements for Applicants Other Than the North Carolina Department of
Transportation, available at:
http•//h2o enr state nc us/ncwetiands/documents/SMPRequirementsforAppIicantsotherthanNCDO
T.pdf. Please include an SMP that removes a minimum of 85 percent TSS from the stormwater
generated by this project. For each proposed BMP,please provide a completed BMP Supplement
Form, with all the required items. The BMP Supplement Forms are available at the following
web site: http://l12o.enr,state.nc.us/su/bmp forms.htm.
2. Please provide stream determination documentation on the site(upstream and downstream photos
and DWQ stream identification forms).
Please submit this information within 30 calendar days of the date of this letter. If we do not receive this
requested information within 30 calendar days of the date of this letter,your project will be withdrawn and
you will need to reapply with a new application and a new fee.
401 Oversight/Express Review Permitting Unit One
1650 Mail Service Center,Raleigh,North Carolina 27699-1650 NorthCarolina
Location:2321 Crabtree Blvd.,Raleigh,North Carolina 27604 Aawally
Phone:[phone] FAX:[phone]
Internet:http://h2o.enr,state.nc.us/ncwetiands!
An Equal Opportunity 1 Affirmative Action Employer

Messrs. Paul H. Malkmus and George H. Malkmus
Page 2 of 2
August 7,2009
This letter only addresses the 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. Cyndi Karoly or Mr. Ian McMillan at 919-733-1786 if you have
any questions regarding or would like to set up a meeting to discuss this matter.
Since y,
Cyndi Karoly, Supervisor
1 Oversight/Express Review Permitting Unit
CBK/ijm
cc: Alan Johnson, DWQ Mooresville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Messrs. Paul H. Malkmus and George H. Malkmus
Filename: 090743TheVillagseAtHa He[uj ahAcres(Cleveland)On_Hold

■ Complete items 1,2,and 3.Also complete A. Signatyre
item 4 if Restricted Delivery is desired. X s rEO3 Agent
■ Print your name and address on the reverse Addressee
so that we can return the Card to you. B."Received by(Printe Name) ate of Deliv y
■ Attach this card to the back of the mailpiece, /C Zy-
or on the front if space permits. 7
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑No
Messrs Paul & George Malkmus
900 S Post Rd 8/7/09
Shelby NC 28150
DWQ 09-0743 Cleveland County 3. Service Type
❑Certified Mail ❑Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
(rmnsferftr,wrvke labW) 7008 3230 0003 1103 2753
Ps Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540;

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