20061901 Ver 1_More Info Letter_20070222

~QF W ATF9P Michael F. Easley, Governor
`Q G William G. Ross Jr., Secretary
Vj ~ North Carolina Department of Environment and Natural Resources
~ ~
p .~ Alan W. Klimek, P.E. Director
Division of Water Quality
February 22, 2007
DWQ Project # 06-1901
Buncombe County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Robert L. Richey
Versant Properties, LLC
P.O. Box 31882
Charlotte, NC 28231
Subject Property: Versant
Ut to Beaverdam Creek [040302, 6-76-5-8, C, TR]
REQUEST FOR MORE INFORMATION
Dear Mr. Richey:
On December 4, 2006, the Division of Water Quality (DWQ) received your application dated August 28,
2006, to fill or otherwise impact 0.406 acres of 404/wetland and 1,253 linear feet of stream linear feet of
stream to construct the proposed 397-acre residential development. 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 1 SA 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 project.
Additional Information Requested:
1. Application Information Background states that the ``stormwater management will be
conducted for all high density areas." If the total developed impervious area exceeds 30%
(including, but not limited to roadways, rooftops, sidewalks, etc.) a stormwater management
plan for the entire project shall be developed, and approved by the Division of Water Quality,
prior to any impacts occurring, for he life of the project.
2. Application Information Proposed Project states that "in order for the project to be successful,
the project would require [ ] a centralized greenway." Impoundments are not required. to
have a greenway. A thorough discussion as to why a centralized greenway around the
existing stream features is not viable must be included.
3. Application Information Proposed Project refers to the potential density allowed by zoning.
This maximized density option does not agree with the proposed project purpose of a
development that "seeks to compliment, not compete with, the existing topography and to
seemingly emerge from the ground as if it's always been there." A thorough discussion with
respect to development options must be included.
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
NorthCarolina
~atura!!y
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Versant Properties, LLC
Page 2 of 2
February 22, 2007
4. Application h~formation No Practicable Alternative/Avoidance Analysis states that "activities
focused around three small amenity ponds as essential." Additionally, application
Information No Practicable Alternative/Avoidance Analysis states that "reduction of scope
by eliminating the ponds was also not considered feasible for the development [ ]because it
would. negatively impact the marketability of the project."
A through cost benefit analysis must be included to support any claim that the impact is
needed for the project to be marketable. The must include, but not be limited to, the
construction costs of the dams, 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.
5. Application h~formation Stream Mitigation stated that "the developer is proposing to
contribute to the NC Ecosystem Enhancement Program." No quantification is provided in this
section for the proposed mitigation amount. Based. upon your submitted statements of stream
quality, and the current Stream Mitigation Policy, you should propose a mitigation package
which ret7ects the inherent qualities of the aquatic resources in question.
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 of the 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 discu s this matter.
Sin~ely,
,~°:'
CBKlijm
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
cc: Kevin Barnett, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Len Rindner, 3714 Spokeshave Lane, Matthews, NC 28105
Filename: 061901 Versant(Buncom be)On_Hold