20070525 Ver 1_More Info Letter_20070411

~OF W ATF9Q Michael F. Easley, Governor
\~ ~i William G. Ross Jr., Secretary
C%)~,.. North Carolina Department of Environment and Natural Resources
~ ~
~ .~ Alan W. Klimek, P.E. Director
Division of Water Quality
April 11, 2007
DWQ Project # 07-0525
Avery County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Atlantic Plan Engineering Corp.
Attn: Richard Franklin
PO Box 1691
Hickory, North Carolina 28603
Subject Property: Indian Saddle
Application fee return
^ REQUEST FOR MORE INFORMATION
® PERMITTING FEE MISSING/INCORRECT/RETURNED
^ RETURN OF APPLICATION PACKAGE
Dear Mr. Franklin:
On March 23, 2007, the Division of Water Quality (DWQ) received your application dated February 28, 2007, 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,
Regional or General) number you intend to use. You may want to contact the U.S. Army Corps of
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, isolated wetland, intermittent-perennial stream and/or buffer impacts.
DWQ is unable to review this project without noted or corrected impacts reflected. Pages 8, 9 of
application.
^ 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
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: htto~//h2o enr state.nc.us/ncwetlands
No `hCazolina
~atura!!y
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

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.
^ 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: A review of the submitted application reflects no wetland, stream or buffer impacts; based on
that information we view this application as a courtesy copy with no 401 certification required. Your
check # 1207 for $200 is enclosed.
DWQ's understanding in your conversation with Ian McMillan is that you were anticipating contact
with the USACE to clarify the information in this permitting package. To date, we have not received
any further facts or data relating to this project.
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. 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 y or would like to
set up a meeting to discuss this matter.
CBK/ jd
Enclosure: Check #1207 for $200
Cyndi Karoly, 5upervtsor
401 Oversight/Express Review Permitting Unit
cc: USACE, Asheville Regulatory Field Office
Kevin Barnett, DWQ Asheville Regional Office
Pepper Rodgers, 172 Cherry Brook Lane, Boone, NC 28607
File Copy + check copy
Central Files + check copy
Filename: 070525IndianSaddle(Avery)_Hold 2_RetuAppl

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