20060798 Ver 2_More Info Letter_20070222

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 22, 2007
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Stig Wennerstrom
Vista Developers, LLC
525 N. Main Street
Hendersonville, NC 28792
Subject Property: Bill's Mountain
Ut to Broad River [030801, 9-(22), C]
REQUEST FOR MORE INFORMATION
Dear Mr. Wennerstrom:
DWQ Project # 06-0798, Ver. 2
Rutherford County
On December 4, 2006, the Division of Water Quality (DWQ) received your application dated August 28,
2006, to fill or otherwise impact 537 linear feet of stream and flood 2.028 linear feet of stream to
construct the proposed 7.45-acre aesthetic lake within a 769-acre residential subdivision. 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 have to move toward denial of your application as
required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this
additional,information. Please provide the following information so that we may continue to review your
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project.
Additional Information Requested:
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 A--my 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 islater). A sample deed notification format can be
downloaded fi•otn the 401./Wetlands Unit web site at http•//h2o enr state.nc.us/ncwetlands.
DWQ shall be sent copies of all deed notifications applied to these lots." As protective
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http//h2o enr state nc us/ncwetlands
Nose hCarolina
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Vista Developers, LLC
Page 2 of 2
February 22, 2007
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 till 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.
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact me in writing and Kevin
Barnett ofthe DWQ Asheville Regional Office. If we do not hear from you within three weeks, we will
assume that you no longer want to pursue this project and we will consider the project as withdrawn.
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 his matter.
Si ely,
CBK/ijm
/~ Cyndi Karoly, Supervisor
(/// O1 Oversight/Express Review Permtttmg Untt
cc: Kevin Barnett, DWQ Asheville Regional Office
USAGE Asheville Regulatory Field Office
File Copy
Central Files
Neil Yelverton, Wetland and Natural Resource Consultants, P.O. Box 882, Canton, NC 28716
Filename: 060798 V e r2 Bil IsMou ntai n(Ruthe rford)O u_Hold