20090568 Ver 1_Notice of Withdrawal_20090928

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
September 28, 2009
Mr. Scott Lowman, Authorized Agent
Cherokee Marine Systems
P.O. Box 1302
Vidalia, GA 30475
Division of Water Quality
Coleen H. Sullins
Director
Subject: Return of Application
401 Water Quality Certification
Ten Slip Private Marina Lot 8 (Luckystone Subdivision)
DWQ Project # 09-0568
Jackson County
Dear Mr. Lowman:
Dee Freeman
Secretary
The Division of Water Quality (DWQ) has reviewed the most recent information you submitted for the subject
project (received in the Asheville Regional Office July 31, 2009). The information necessary to complete the
review process was not included. Therefore, the project application is considered incomplete and inadequate
for review by the Division of Water Quality (DWQ).
Please note: No impacts associated with the subject project are approved at this time.
To pursue the project further, a new Pre-Construction Notification and applicable fee will be required, as well
as the additional information presented below.
Additional Information Required:
1. Ownership/Legally Registered Entity
As stated in the additional information request letter dated July 8, 2009, the applicant/permittee
must be a legally registered entity. There is still much confusion regarding the actual owner of
the property and the registered agent. This issue must be resolved before a certification may be
issued to the appropriate entity (and the appropriate entity and registered agent must be listed
with the Secretary of State).
2. Alternatives to Private Marina
As stated in previous correspondence, Lake Glenville is a Class WS-III, B, HQW waterbody.
Per 15A NCAC 2B .0215(3)(b)(i)(H) for water supply water bodies, water dependent structures
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Natumll?
Mr. Lowman
September 28, 2009
Page 2 of 2
"may be allowed where no practicable alternative exists." The Division does not believe that
alternatives have been fully explored. In addition, it is imperative that the Division ensure that
high quality waters (HQW) are protected and maintained, as they are deemed to have water of
higher quality than the existing water quality standards.
3. Concurrence from Jackson County
To ensure that the proposed marina and associated access complies with Jackson County water
supply watershed ordinances, concurrence and documentation from Jackson County should be
provided with the application. To date, this information has not been provided (although the
Division does have a copy of your application to the County).
The Division strongly encourages the community to review any and all alternatives to a private marina. Please
call Susan A. Wilson at [phone], if you have any questions.
Sincerely,
Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Cyndi Karoly - 401 Permitting Unit
Lori Beckwith - US Army Corps of Engineers Asheville Field Office
Mr. Cary D. Glickstein, P.O. Box 22, Cashiers, NC 28717
Jackson County Planning
ARO File copy
G:\WPDATA\DEMWQ\Jackson\401s\Ten Slip Marina Luckystone Subd\Retum 09-0568 9 2009.doc