20061104 Ver 2_More Info Letter_20070515

o~pF ~`'" r~gQG Michael F. Easley, Governor
.~ William G. Ross Jr., Secretary
~ r North Carolina Department of Environment and Natural Resources
~_ .i
p ~ Alan W. Klimek, P.E. Director
Division of Water Quality
May 15, 2007
Avery Countw
DWQ # 06-1104 Ver 2
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
KMH Banner Elk, LLC
Attn: Ronald Kent
2221 North West Corporate Boulevard Ste 240
Boca Raton, FL 33431
Subject Property: Elk Creek
Modification to Issued Permit
® REQUEST FOR MORE INFORMATION
^ PERMITTING FEE MISSING/INCORRECT
^ RETURN OF APPLICATION PACKAGE
Dear Mr. Kent:
On April 24, 2007, the Division of Water Quality (DWQ) received your paperwork 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.. 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). Last page of application was missing.
^ Water Body information not stated. See III Project Information, Item 7. Page 6 of application
was missing.
^ Incorrect and/or missing wetland, intermittent-perennial stream and/or buffer impacts.
DWQ is unable to review this project without noted or corrected impacts reflected.
NojthCarrolina
401 Oversight/Express Review Permitting Unit Qtl!lY~~l~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: http://h2o.enr.state.ne.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

^ Lack of permitting fee. Please note that beginning January 1, 1999, the N.C. General
Assembly passed legislation requiring payment of a fee for a11401 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.
^ 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. See Other.
^ Application was missing pages or sections of information. See Other section below.
® OTHER: On May 2, 2007 DWQ received five (5) sets of plans for the referenced project;
however, DWQ is unable to move forward with the review and approval process without one
(1) original and four (4) fully con>jpleted PCN application sets and appropriate fee. This
project remains on hold until all required criteria is met.
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.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that an~ impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ian McMillan or me at 919-733-1786 if you have any
questions regarding or would like to set up a nneeting to discuss this matter.
Sinc~erply,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ljd
cc: Atlantic Plan Engineering Corp., Richard Franklin, PO Box 1691, Hickory, NC 28603
File Copy
Filename:061104V2EIkCreek(Avery)_Hold PCN