20061897 Ver 1_More Info Received_20061211

o~OF W A TF9pG
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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
December 11, 2006
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
David E. Tuten
2305 Dilworth Road West
Charlotte, North Carolina 28203
Subject Property: Tuten: 215 Picnic Point Road
Water Quality Certification, Impacts
® REQUEST FOR MORE INFORMATION
^ PERMITTING FEE MISSING/INCORRECT
^ RETURN OF APPLICATION PACKAGE
Dear Mr. Tuten:
DWQ Project # 06-1897
Rutherford County
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RECEIVED
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On December 11, 2006, the Division of Water Quality (DWQ) received your application dated November 3, 2006
for the above referenced project. 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 project.
Additional Information Requested:
® Water Quality Certification, See I. Processing, Item 2.. Please state which Permit (Nationwide, a"/~'~~Lt.~ci-~
Regional or General) number you intend to use. You may want to contact the U.S. Army Corps of ~' 3
Engineers (USAGE) to determine which permit they will allow you to use.
^ DWQ requires the name of an individual shown as "Owner/Applicant" to set up the project.
^ The PCN Application failed to contain the Applicant/Agent's Signature and Date. See last page of
application. (Agent's signature is valid only if an authorization letter from applicant is provided).
^ Water Body information not stated. See III Project Information, Item 7.
~+' ® Incorrect and/or missing wetland, intermittent-perennial stream and/or buffer impacts.
DWQ is unable to review this project without noted or specific impacts reflected.
^ Lack of permitting fee. Please note that beginning January 1, 1999, the N.C. General Assembly passed
legislation requiring payment of a fee for all 401 applications. The fee for applications is $200 for
projects impacting less than an acre of wetland and less than 150 linear feet of streams. For projects
impacting one or more acres of wetland or 150 or more feet of streams, the fee is $475.
N °ehCarolina
401 Oversight/Express Review Permitting Unit ~atuCa!!y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: htta //h2o enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

^ Incorrect permitting fee amount. Please see above item. Your check # for $ is herein
enclosed for fee correction. DWQ does not retain any payment unless it is in the correct amount.
^ A request for a modification of an issued permit requires re-submission of five (5) application sets and
appropriate fee. We have herein returned your modification request.
^ Application was missing pages or sections of information. See Other section below.
`~} ® OTHER: DWQ requires a more exact impact figure for the open water area. Your check #5271 for
$200 is herein enclosed. The permit fee is based on the amount of impact; since that is currently in
question, the check is being returned. You may wish to visit the DENR website address:
http:/,~www.enr.state.nc.us% The Ashville Regulatory Field Office telephone number is: [phone].
Please return a corrected page 8 (5 copies total) reflecting open water impacts along with fee.
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 this office 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 Mr. Ian McMillan or me at 919-733-1786 if you have any questions regarding or would like to
set up a meeting to discuss this matter.
Sincerely,
~~ ~~~
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
cBwt~~
Enclosure: Check #5271 for $200
cc: Kevin Barnett, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Oftlce
File Copy + check copy
Central Files + check copy
Filename: 061897TutenPicnicPtRd (Rutherford)_Hold_PermitTyp_Impacts

Office Use Onty: Form version Mash os
USAGE Actian ID No. DWQ No. D to -18 q 1
(If any particular item is not applicable to this project, please enter `Not Applicable" o ~ "
I. Processin
g ~ l%
~~ ~ ~
1. Check all of the approval(s) requested for this project: ~• ~ ~ /~~r~6
[Section 404 Permit ^ Riparian or WatershedV~~j~~~
^ ection IO Permit ^ Isolated Wetland Permit frori~~~~~~~R
[401 Water Quality Certification ^ Express 401 Water Quality Certificarion~'CN
2. Nationwide, Regional or General Permit Number(s) Requested:___ /~~ .~~~ r,JZ./ F~ 3
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information '
1. Owner/Applicant Information
Name:
Mailing Address • _ -' ? : ~ ''

Telephone Number: ` c' -
E-mail Address: L? ~r ~.
Fax Number: ~'C'~ ~ ~3, ~ 7 _ >'.~_ 3 ~_._-
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.}
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address: --
Page s of 12

D ~~~~ v
aEC D
d 9 20n6
DENR-WATER QUALITY
2. Individually list wetland impacTypDes~~
~~ include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se tel list im acts due to both structure and fl d'

Wetland Impact
Site Number
indicate on ma
P)

Type of Impact 00 I
Type of Wetland
(e.g., forested, marsh,

herbaceous, bog, etc.) n .
~ ~~n
1 ~ Y~
Flood lain
p
esfno
Distance to
Nearest

Stream
linear feet
Area of
Impact

(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: Q
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but aze not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the lineaz footprint for both the original and relocated streams
must be included. To calculate ac e, multi ly len X width then divide b 43 564
Stream Impact
Number
indicate on
Stream Name
Type of Impact Perennial or
~~~~~~ Average
Stream Width
Before act Impact ~
Length
linear feet Area of
Impact
acres

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.}. Open water impacts include, but aze not Limited to
fill, excavation, dred~in~, flooding, drainage, bulkheads, etc.
Open Water Impact

Site Number
indicate on ma
Name of Waterbody
(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc. Area of

Impact
acres)

~'

Total Open Water Impact (acres) ~ ~ ~, Jac
Page 8 of 12