20060798 Ver 2_Emails_20070220

edited Additional Information Request for Bills Mountain (20060798)
Subject: edited Additional Information Request for Bills Mountain (20060798)
From: Kevin Barnett <[e-mail]>
Date: Tue, 20 Feb 2007 21:59:24 -0500 (EST)
To: [e-mail]
CC: [e-mail]
Additional Information Request for Bills Mountain (20060798)
The Asheville Regional Office has performed a site visit and a review
of the submitted application package. Upon review of the application,
the ARO has determined that the package is incomplete.
Please include the following in an additional information request to
the applicant:
1. A through cost benefit analysis must be included to support any
claim that the impact is needed for the project to be economically or
financially feasible. The must include, but not be limited to, the
construction
costs of the dam, the cost of permitting (through all agencies
(including but not limited to the US Army Corps of Engineers, the
Division of Water Quality, and the Division of Land Resources), the
consulting costs (including environmental consulting costs and
engineering costs), the cost of purchasing the land for development,
the costs of the preservation (value of land after development) and the
time-value of money vs. the anticipated financial gain in land
values.
2. As the issued Water Quality General Certification 3402 (GC3402)
requires that "Deed notifications or similar mechanisms shall be placed
on all lots with remaining jurisdictional wetlands and waters or areas
within 50 feet of all streams and ponds. These mechanisms shall be put
in place within 30 days of the date of issuance of the 401
Certification letter or the issuance of the 404 Permit (whichever is
later). A sample deed notification format can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands.
DWQ shall be sent copies of all deed restrictions applied to these
lots." As protective mechanisms already exist on this property, and no
submission of Deed notifications has been submitted to the Division of
Water Quality, you must further explain how a failure to authorize
these impacts will result in degradation of Waters of the State and in
turn, violations of the states Water Quality Standards.
Additionally, the issued Water Quality General Certification 3402
(GC3402) requires that "if this Certification is used to access
building sites, all lots owned by the applicant must be buildable
without additional fill beyond that explicitly allowed under other
General Certifications. The applicant is required to provide evidence
that the lots are buildable without requiring additional impacts to
wetlands, waters or buffers if required to do so in writing by DWQ."
An explanation as to why these impacts are needed, in violation of
GC3402 Condition 15. must be provided.
3. As the NC Wildlife Resources Commission has formally opposed your
project, you must resolve the outstanding issues that the WRC has
brought forward before the Division of Water Quality can provide any
form of concurrence. Additionally, you must provide copies of all
correspondence with the WRC to the Division of Water Quality (5 copies)
as to provide a tracking for resolution of the WRC's stated issues.
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