Loading...
HomeMy WebLinkAbout19950273 Ver 1_COMPLETE FILE_19950310q,5 ? 0I Soil & Environmental Consultants, Inc. 244 West Millbrook Road a Raleigh, North Carolina 2760913 (919) 846-5900 O Fax (919) 846-9467 March 2,1995 NC DEH&NR DEM Water Quality Planning Attn: Mr. John Dorney 4401 Reedy Creek Road Raleigh, NC 27607 USACOE Attn: Mr. Eric Alsmeyer 6512 Falls of the Neuse Road, - Suite 105 C? Raleigh, NC 27615-6846 9 Dear Messrs. Dorney and Alsmeyer: The purpose of this letter is to request additional authorizations under Nationwide Permit 26 and the 401 Water Quality Certification for the project known as Preston PUD. The project is located in Wake County as shown on the enclosed plans. The specific area of concern for this letter is the proposed Prestonwood Country Club golf course expansion called Huntington and one lot in Preston Meadows. Nationwide Permits 12,13,14,18 and 26 were previously issued or proposed on various dates for this project (see attached Table). The Prestonwood Colu-ttry Club is to be expanded again, an additional 9 holes and surrounding residential development will be built. The total acreage that will be impacted is 0.425 acres, while over 3 acres of open water aquatic habitat will be created above the mitigation required for Preston Village. j, Some areas on the site adjacent to golf holes are mitigation for the Preston Village project and will accept stormwater from golf holes and where possible, _a adjacent developments that would otherwise have no stormwater treatment. Stream crossings are bridges and in order to prevent direct runoff from the course to the stream two different "treatmen&' are proposed (see Sketch 1 and Sketch 2 attached). To expedite the permitting process and to ease the process for everyone involved, the following individuals/ agencies have been provided with a complete copy of this entire application package: U.S. Fish and Wildlife Service, National Marine Fisheries Service, N.C. Cultural Resources and David Franklin (Wilmington Corps). We appreciate your promptness in addressing this matter. Mr. Ron Ferrell, Mr. Daruly Smith and Mr. Eric Alsmeyer previously examined the site with me last fall and the proposed impacts were discussed at that time. Soil/Site Evaluation 0 Mapping and Physical Analysis 0 Wetlands Mapping and Mitigation 0 Environmental Audits On-Site Waste Treatment Systems, Evaluation and Design d Please call if you have questions or require further information. Sincerely, Kevin C. Martin, President cc: (W/enclosures) David Franklin, Wilmington Corps USF&-WS NC Cultural Resources Daiuly Smith, DEM Raleigh Regional Office National Marine Fisheries Service Note: 600 ft.z of the NW 26 impact is due to a temporary construction road crossing which will be removed and replaced by a bridge after construction. Also we assume that excavation in non-wetland to create a partial inlet ,-u-id outlet for the lake and large created wetland does not require a permit. 8100 ft.' of the NW 26 permit is to fill an old (mostly dry) farm pond and (2438 ft.2) is to a channel only drainage way that will be piped to allow for a fairway and will be diverted into a created wetland by Crabtree Creek prior to discharging to the Creek. .025 Ac. of the NW 26 permit is for fill in a low quality isolated wetland in Preston Meadows see attached map. The NW13 fill is for stabilization at the discharge point from the created wetland. KCM/jmb TABLE 1. Permitted Impacts to Date Including Impacts Currently Under Review by Agencies Preston PUD/Golf Course Nationwide 13 12 14 26 Current .01 .055 .078 .281 Application .01 .45 1.14 .11 .06 3.3 3.02 0.59 Totals 1.15 .165 .138 7.651 * Note some (3.61 acres) of impacts to ponds on golf course were mitigated by creating 3.63 acres of ponds. DEM ID: ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit it): 26 aryl 14 JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilnungton, NC 28402-1890 ATM: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES P.O. BOX 29535 Raleigh, NC 27626-0535 ATM: MR. JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRIN'T'. 1. Owners Name: Preston ILLlo?t 03TPMiy. Division of SAS Institute 2. Owners Address: Carals Drive. Cary, NC 27511 3. Owners Phone Number (Home): (Work): 919/677--aM 4. If Applicable: Agent's name or responsible corporate official, address, phone number. Shil and FYnrirCn11Mt-a1 0ZMi1tznts, Tm_ 244 W. MiLlhrock Fd. Raleigh, NC 27609 Ph: 919/846-5900 5. Location of work (MUST ATTACH MAP). County: INbk2 Nearest Town or City: Morri sA 11P Specific Location (Include road numbers, landmarks, etc.): 6. Name of Closest Stream/River. Cara-, mz 7. River Basin: 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WSI, or WS II? YES ( ) NO (X) 9. Have any Section 404 permits been previously requested for use on this property? YES ( ) NO (XX)) if yes, explaim W 1122, 13, 14, 18, and 26 us33 previously for golf oaxse and residmtial 10. Estima=othl numFer o?acres fTab wa4ers of the U.S. including wetlands, located on project site: LbRrr rn but within the H mtirrltan Fhase wetL3nds aremmtly bank to bank stram charrals. 11. Number of acres of waters of the U.S. includi wedan impacted by the proposed project: Filled: 0-7B " 2 g l .Lll Drained: Flooded: Excavated: .055 Total Impacted:055 .078 .281 .01 03/02/1995 17:49 9198469467 PAGE 02 12 Description of proposed work (Attach PLANS-61/7' X 11" drawings only): r iiQJ =9 D=l P=t _ 13. Purpose of proposed work M a]Ia4nmstnrt.Jrn cf tr,if mirm- cmmICLM3 14.. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. c?i- nLti-ri 1 r'Y.1x'r frr m mFr= 15. Youxe required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMES) regarding the presence or any Federally lasted or proposed for liating endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project Have you done so? YES (X) NO ( ) RESPONSES FROM THE USFW5 AND/OR NUES SHOULD 1313 FORWARDED TO CORPS. 16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic properties in the permit area which may be affected by the proposed project? Have you done so? YES (x ) NO ( ) RESPONSE FROM THE SHP'O SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DEN A. Wetland delineation map showing all wetlanda, otreams, and lakes on the property. B. If available, representative photograph of wetlands to be impacted by project C. If delineation was performed by a consultant; include all data aheets relevant to the placement of delineation line. D. If a otormwater management plan is required for thfs project; attach copy. E. What is land use of surrounding property? F.jitia?, m -?liab F. If applicable, what is proposed method of sewage dfapoaal? Mai 'WI r4--= A(r?,,?t r-Aeft? Signs re Date iyl 3 p ? a 040 i I d O &r? V ? `Pa ITT P? almmaJ`? J - N? J Z a r ? y ? 1 I by^r 1/ J (2 n9? /??`? /r+r rrr ,Y ?`\? I \ o I ? \ \y ? W , O: i 1 1 J I t,, 8 J X1 N 1,,1 rr`c? ? zR \ \ •Il ? All Bill, . I / ) V / fr 1 LS 71r,v 31'Z 1 d Z v S s. - Z]I? O ?I i F- c !Zw>7 1?` F-Ode s & cc go, o S ? D C O b !'! 5pt >IYn ??1? d d n sC zJa OW' ? ~V1V Y W?R 0a a uy a, ?I uW? G#i? Wo- Y v.t . 3 <7 °I ,S YYY 4 V yyYYYYY q ? £SYSSFtiSY ? 4 _. N r Preston PUD Vicinity Map • ? ?? V 'Jot ? ?: •? ? ?? ???.? ?- - ? ? ,. ??? ? : -o ? '.? ?m.???A\• ??? "?• ?? ?.. / , ?? r \ L?? ya' !'. 9 ll l n?E 4rove •, ?_ .. - Q? Q? ? ? r 0 (; (617\ - )? \620 l g / t l M/ n ., 1 ` S c 386 =--?•;--' ?? ••y.? ?,? r /? 310 Q IV, 0u ?U ? •' ?-- Sr /UP u{Glr 334 z:j ( 1 I + O '1 r" (o U1, Q? r , r -- ??- 'iii ?t?, _ -?-?. ???? ? ? ?,! _ ?"?? ? (/al ?. 1/r?`?' ???? ` ?????' ? • 1ST {; ? MA, j I . O . e .Qr . A ,v Ql) s ? o State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director 0 ?IFE April 3, 1995 Wake County DEM Project # 95273 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Preston Development Company Division of SAS Institute Campus Drive Cary, N.C. 27511 Dear Sirs: You have our approval to place fill material in an additional 0.424 acres of wetlands or waters for the purpose of constructing a golf course expansion (Huntington) and fill of lot in Preston Meadows at Preston PUD development, as you described in your application dated 2 March 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification. Numbers 2664, 2665, 2732 and 2671. These certifications allow you to use Nationwide Permit Numbers 12, 13, 14 and 26 when they are issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. A draft mitigation plan including details on monitoring, planting. and planned hydrology shall be submitted to DEM by 3 June 1995 for our review and-written approval. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 30 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. S' rely, Pr ston Howard, Jr. P. . Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DEM Regional Office Mr. John Domey Central Files Ron Ferrell Kevin Martin; Soil and Environmental Consultants 95273.1tr P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper C15 2-1 Soil & Ens en Consultants, Inc. 244 West Millbrook Road E3 Raleigh, North Carolina 27609 u (919) 846-5900 E3 Fax (919) 846-9467 March 2,1995 NC DEH&NR-DEM Water Quality Plaiuling Attn: Mr. John Dorney 4401 Reedy Creek Road Raleigh, NC 27607 USACOE Attn: Mr. Eric Alsmeyer 1 Q 6512 Falls of the Neuse Road, Suite 105 r r- Raleigh, NC 27615-6846 Dear Messrs. Dorney arid Alsmeyer: The purpose of this letter is to request additional authorizations under Nationwide Permit 26 and the 401 Water Quality Certification for the project known as Preston PUD. The project is located in Wake County as shown on the enclosed plans. The specific area of concern for this letter is the proposed Prestonwood Country Club golf course expansion called Huntington and one lot in Preston Meadows. Nationwide Permits 12, 13, 14, 18 and 26 were previously issued or proposed on various dates for this project (see attached Table). The Prestonwood County Club is to be expanded again, an additional 9 holes and surrounding residential development will be built. The total acreage that will be impacted is 0.425 acres, while over 3 acres of open water aquatic habitat will be created above the mitigation required for Preston Village. Some areas on the site adjacent to golf holes are mitigation for the Preston Village project and will accept stormwater from golf holes and where possible, adjacent developments that would otherwise have no stormwater treatment. Stream crossings are bridges and in order to prevent direct runoff from the course to the stream hvo different "treatments" are proposed (see Sketch 1 and Sketch 2 attached). To expedite the permitting process and to ease the process for everyone involved, the following individuals/agencies have been provided with a complete copy of this entire application package: U.S. Fish and Wildlife Service, National Marine Fisheries Service, N.C. Cultural Resources and David Franklin (Wilmington Corps). We appreciate your promptness in addressing this matter. Mr. Ron Ferrell, Mr. Danny Smith and Mr. Eric Alsmeyer previously examined the site with me last fall and the proposed impacts were discussed at that time. Soil/ Site Evaluation E3 Mapping and Physical Analysis E3 Wetlands Mapping and Mitigation 13 Environmental Audits On-Site Waste Treatment Systems, Evaluation and Design Please call if you have questions or require further information. Sincerely, C( Kevin C. Martin, President cc: (W/enclosures) David Franklin, Wilmington Corps USF&WS NC Cultural Resources Darmy Smith, DEM Raleigh Regional Office National Marine Fisheries Service Note: 600 ft2 of the NW 26 unpact is due to a temporary construction road crossing which will be removed and replaced by a bridge after construction. Also we assume that excavation in non-wetland to create a partial uzlet and outlet for the lake and large created wetland does not require a permit. 8100 ft.2 of the NW 26 permit is to fill an old (mostly dry) farm pond and (2438 ft.2) is to a channel only drainage way that will be piped to allow for a fairway and will be diverted into a created wetland by Crabtree Creek prior to discharging to the Creek. .025 Ac. of the NW 26 permit is for fill in a low quality isolated wetland in Preston Meadows see attached snap. The NW13 fill is for stabilization at the discharge point from the created wetland. KCM/jmb TABLE 1. Permitted Impacts to Date Including Impacts Currently Under Review by Agencies Preston PUD f Golf Coursed r? Nationwide 13?;", ' 12 tN? 14 N? 26 Current .01 .055 •078 •281 Application . ti .45 1.14 .11 .06 3.3 3.02 0.59 Totals 1.15 .165 .138 7.651 * Note some (3.61 acres) of impacts to ponds on golf course were mitigated by creating 3.63 acres of ponds. DEM ID: ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit #): 26 anj 14 JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALM PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES P.O. BOX 29535 Raleigh, NC 27626-0535 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. Owners Name: Prestm D velopnmt 03rpu y, Divisirn of SAS Institute 2. Owners Address: Cmy-z Drive, Cary, NC 27511 3. Owners Phone Number (Home): (Work): 91_q/677-= 4. If Applicable: Agents name or responsible corporate official, address, phone number. So]1 and Rnri rn3ra-ltal 033311tantG, Trrr- 244 W. MLUbrock Rd. r Leigh, NC 27609 Ph: 919/846-5900 5. Location of work (MUST ATTACH MAP). County: Wa10 Nearest Town or City: M)rH Svi i i P Specific Location (Include road numbers, landmarks, etc.): 6. Name of Closest Stream/Rivers 7. River Basin: Name 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WSI, or WS II? YES ( ) NO (X) 9. Have any Section 404 permits been previously requested for use on this property? YES ( ) NO (X) If yes, explain. W 11]2,, 13, 14, 18, and 26 tai previously for golf aout? and residaiti.al 10. Estimated LoMnumber of ac?ressoof wafters of the U.S. including wetlands, located on project site: U lmom but within the Huntu-ntaZ Ply wtLmds are rmstly link to bank strewn cb rrels. 11. Number of acres of waters of theMU?. Filled: Drained: Flooded: Excavated: Q? Total Impacted wetlands impacted ?b_y the proposed project': 3 03/02/,1995 17:49 9198469467 PAGE 02 12 Description of proposed work (Attach PLANS-81/7' X 11" drawings only): 0=2tv=iGn. CC_ 13, Purpose of proposed work .J-nn cf rni f rn,r CI-_nIgMEG . 1A. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note menaarre3 taken to minimize wetland impacts, ?t+, ? it try frr n ?r. 15. You= required to contact the U.S. F33h and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMPS) regarding the presence or any Federally hated or proposed for listing endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project Have you done so? YES (x ) NO ( ) ITSPONSES FROM THE USF'W5 AND/OR NMF5 SHOULD I3B FORWARDED TO CORPS 16. You are required to contact the State Historic Preservation officer (SHPO) regarding the presence of historic properties in the permit area which may be affected by the proposed project? Have you done so? YES (x ) NO ( ) RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DEM: A. Wetland delineation map showing all wetlands, strea=, and lakes on the property. B. If available, representative photograph of wetlands to be impacted by project C. If delineation wan performed by a consultant, include all data sheets relevant to the placement of delineation line, D. If a otormwater management plan b required for thin project, aftch copy. E. What i3 land use of surrounding property? F=i z;LW, p i qyb F. If applicable, what i3 proposed method of sewage disposal? _HmJH Wl am= ...tr-Acft''-o Signs rc Date o ?6 d ?Z H ?a o 0 d p i/ /TJ 040 e. I'- o jy\?\ 3 ? ? 2 b?? I Y '' ?\\/ ` l ,jR Pao ?, F? .uiwiuN`r = d T. ' ? ? YbY I? z ? ° s - a Z= U S i i IIN .y?q . ffl L/ ?irN lis Z 1 xxesase?xx ?EiYi€€SFY ?- o z 7j? Wt 62 m? d Z c YYZW?° a. bino?• t • C ? Elite - 1 .. O,p '? `? n. P O W a ! ? V~1° Y J W a 611GN C113,95 r ? ? Y I t I "? N Preston PUD Vicinity Map M 305 \-350)W ,,6F"? Ce?_ n p "'JJ ) 0 Y \ l ``? I ( ???-ll f -v X3$6 310 G o l e. r r f ?.; 1" f? ?C 0 n /'U Ll IV I 16 l ? 4 Jj'" f ? ? ?„I, I ? I ? l /ice ? J ???• _ _ ? ? "IV '00 a- "3 MA n. ? r 4-1 i i n 2 s ?' p; r--y r 477 C7 03 0 cl 112- _ ,;7 / ey 4 . ?O/t?i?_?Q_`?/1G{SL?c 7u?- --/?2U/?•C(/r?G??GLG?G(--C Jr_..CDcJls 0,4 fir" 1,35 49 l ??Q 1 /? C o Soil Enviro ngnental C®nsultants, Inc. 244 West Millbrook Road ® Raleigh, Nortli Carolina 27609 1](919) 846-5900 D Fax (919) 846-9467 RECEIVED MEMO Af4R 151995 EWIRON gNAAL SCIENCES DATE: March 10, 1995 TO: DEM (John Domey, Ron Ferrel and Danny Smith) FROM: Kevin Martin RE: Preston Village Mitigation at Huntington Golf Course The attached fable indicates total expected impacts for Preston Village. DEM required 1:1 mitigation for all Nationwide 26 impacts at Preston Village in a condition for issuance of 401 Water Quality Certifications. The enclosed map shows the approximate location and acreage of mitigation to be constructed at the Huntington Course for Preston Village. (The plans show 6.16 acres of mitigation while current impacts total 4.61 acres. We have allowed some cushion for future phases that might be acquired and permitted in the future.) As discussed before, preliminary grading of the top 18" will likely occur before we finalize the exact constructions plans for the mitigation. We will contact you when this occurs so you can be involved in the final design process. cc: Eric Alsmeyer (Corps) Randy Smith (Preston) KCM/jmb ') k:_) ?(' --- Soil/Site Evaluation © Mapping and Physical Analysis 0 Wetlands Mapping and Mitigation © Environmental Audits On-Site Waste Treatment Systems, Evaluation and Design TABLE 1. Permitted Impacts to Date Including Impacts Currently Under Review by Agencies PrQStnn Village Nationwide 12 14 26 Phase I .33 .24 .29 Phase H - .06 .08 Phase III .07 .07 .11 Phase IV .22 .125 1.75 phase V (North) .49 .34 1.98 Phase VI (Multifamily) - •074 .248 Phase VII .033 - .15 Totals 1.143 0.909 4.608 Note for John Dorney From: Ron Ferrell on Mon, Apr 3, 1995 2:08 PM Subject: RE: Preston PUD (etc. ad nauseum) To: John Dorney I'm looking forward to it. From: John Dorney on Mon, Apr 3, 1995 2:04 PM Subject: RE: Preston PUD (etc. ad nauseum) To: Ron Ferrell Talked to Mr. MArtin. I will issue 401 today for this Preston project with an explicit clause which states that they must submit a written mitigation plan by 6 June 1995 for our (read your) review and approval. You will get copy of 401. From: Ron Ferrell on Mon, Apr 3, 1995 11:57 AM Subject: RE: Preston PUD (etc. ad nauseum) To: John Dorney I have a mitigation proposal dated 3/10 (which you received on 3/15) that shows locations of mitigation sites however I am not aware of anything that discusses monitoring, what will be planted, planned hydrology, etc. You know, the minor details. I will not have a chance to call Kevin today, if you do let me know what he says or tell him to call me tomorrow & I will discuss what is needed to finalize plan. They did agree to buffers & no direct discharges, etc in Oct, 94 letter. From: John Dorney on Mon, Apr 3, 1995 11:50 AM Subject: Preston PUD (etc. ad nauseum) To: Ron Ferrell Do ewe have a draft (much less final) mitigation plan for Preston? I know (think) that you have agreed on a mitigation site. I've got a Preston PUD project (revision) that is getting a little stale and need to know if I should send them a letter saying we need final agreed upon mitigation plan before any more 401s. Please advise. Page: 1 Note for John Dorney From: Ron Ferrell on Mon, Apr 3, 1995 11:57 AM Subject: RE: Preston PUD (etc. ad nauseum) To: John Dorney I have a mitigation proposal dated 3/10 (which you received on 3/15) that shows locations of mitigation sites however I am not aware of anything that discusses monitoring, what will be planted, planned hydrology, etc. You know, the minor details. I will not have a chance to call Kevin today, if you do let me know what he says or tell him to call me tomorrow & I will discuss what is needed to finalize plan. They did agree to buffers & no direct discharges, etc in Oct, 94 letter. From: John Dorney on Mon, Apr 3, 1995 11:50 AM Subject: Preston PUD (etc. ad nauseum) To: Ron Ferrell Do ewe have a draft (much less final) mitigation plan for Preston? I know (think) that you have agreed on a mitigation site. I've got a Preston PUD project (revision) that is getting a little stale and need to know if I should send them a letter saying we need final agreed upon mitigation plan before any more 401s. Please advise. Page: 1