20061104 Ver 2_More Info Letter_20070531

~CF W a rF,~ p Michael F. Easley, Governor
`Q (i William G. Ross Jr., Secretary
Vj ~ North Carolina Department of Environment and Natural Resources
~ -I
p .,~ Alan W. Klimek, P.E. Director
Division of Water Quality
May 31, 2007
Avery County
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
® REQUEST FOR MORE INFORMATION
^ PERMITTING FEE MISSING/INCORRECT
^ RETURN OF APPLICATION PACKAGE
Dear Mr. Kent:
On May 29, 2007, the Division of Water Quality (DWQ) received your application date June 26, 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.
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.
® Please provide verification from the Corps of Engineers showing that your project will require
a Nationwide 39.
^ 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.
N~one~Carolina
401 Oversight/Express Review Permitting Unit ~ -'utura~~y
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
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: A review of the submitted PCN application reflects a total stream impact of 150
linear feet thereby necessitating a permitting fee of $475.00
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 any 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 meeting to discuss this matter.
Sin r ly,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ljd
cc: Kevin Barnett, Asheville DWQ Regional Office
USACE Asheville Regulatory Field Office
Atlantic Plan Engineering Corp., Richard Franklin, PO Box 1691, Hickory, NC 28603
File Copy
Central File
Fi Iename:06 l 104 V2EIkCreek(Avery)_Hold3_N W_Fee