20071649 Ver 1_More Info Letter_20071114

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 14, 2007
DWQ# 07-1649
Allegheny County
CERTIFIED MAIL: 7006 0810 0002 3959 9445
RETURN RECEIPT REQUESTED
Mr. Jerry Cook
Froehling & Robertson, Inc
2505 Hutchinson -McDonald Rd
Charlotte, NC 28269
Re: Section 401 Water Quality Certification for the Caldius Rex Dam Project
Dear Mr. Cook:
On October 8, 2007, the North Carolina Division of Water Quality (DWQ) received your application fora 401 General
Water Quality Certification to impact 1601inear feet of stream and 0.92 acres of wetlands to construct a private pond on
private property off Elk Knob Road in Laurel Springs in Allegheny County. On October 16, 2007, Sue Homewood of the
Division of Water Quality, and Amanda Jones of the Army Corps of Engineers conducted a site inspection of the subject
property. Based on discussions that took place during the site visit modifications had occurred to the design of the
project, specifically the height of the dam and the total stream impacts that would be caused by the dam structure. The
DWQ will require this information in order to process your application to impact protected wetlands and/or streams on the
subject property. Therefore, we will place this project on hold as incomplete until we receive this additional information,
and if we do not receive the additional information requested below, we will have to move toward denial of your
application as required by 15A NCAC 2H .0506. Please provide the following information so that we may continue to
review your project.
1. Please submit modified plans that show the new design of the dam structure and the total impacts to the
stream channel from the dam structure. If the new design impacts less than 150 feet of stream from the
structure (including outlet pipe) then this is all that is necessary at this time.
2. If the design has not been changed or the new design indicates that the stream impacts will be 150 feet or
greater from the dam structure, please submit a mitigation plan/proposal for review.
Please respond in writing within 30 calendar days of the date of this letter by sending a copy of this information to Sue
Homewood at the address on this letterhead, and a copy to Ian McMillan N. C. Division of Water Quality, Wetlands/401
Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. If you will not be able to provide the requested
information within that timeframe, please provide written confirmation that you intend to provide the requested
information, and include a specific timetable delineating when the requested materials will be provided. If we do not hear
from you in 30 calendar days, we will assume that you no longer want to pursue this project and we will consider the
project as returned.
Nose Carolina
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North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Winston-Salem Regional Office Winston-Salem, NC 27107 Fax [phone]
Internet: www.newaterquality.orQ
An Equal OpportunitylAffirmativeAaion Employer- 50% Recycled110% Post Consumer Paper

Mr. Jerry Cook
November 14, 2007
Page 2
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. If you have any questions, please contact Sue Homewood, DWQ, Winston-Salem Regional Office, at 336-
771-4964 or [e-mail].
Sincerely,
~~~,
Steve W. Tedder
Regional Supervisor
DWQ Winston-Salem Regional Office
cc: Amanda Jones, U. S. Army Corps of Engineers, Asheville Regulatory Field Office
John Vilas, E'nV Inc., 3764 Rominger Rd, Banner Elk, NC 28604
DWQ Winston-Salem Regional Office
DWQ Wetlands/401 Unit
DWQ Central Files