20061104 Ver 2_More Info Letter_20070619

~QF WATFgQ Michael F. Easley, Governor
`Q G William G. Ross Jr., Secretary
f~ rte.. North Carolina Department of Environment and Natural Resources
> .:.1
~ ..~ Coleen H. Sullins, Director
Division of Water Quality
June 19, 2007
DWQ Project # 06-1104, Ver. 2
Avery County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Ronald Kent
KMH Banner Elk, LLC
3837 Northwest Boca Raton Boulevard
Bock, Raton, FL 33431
Subject Property: Elk Creek
Sugar Creek [030201, 8-22-4, C, TR]
REQUEST FOR- MORE INFORMATION
Dear Mr. Kent:
On May 29, 2007, the Division of Water Quality (DWQ) received your application dated
June 21, 2006, to fill or otherwise impact 1501inear feet of perennial stream to construct the
proposed townhouses and single-family lots. 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:
1. Please resubmit 5 copies of your information on the most current March 2005
-Pre-Construction Notification form. You can download this format the following
web address: http://h2o.enr.state.nc.us/ncwetlands/regcert.html
2. This Office believes that the road crossing labeled on the plans can be moved or
reconfigured to minimize the impacts to the stream. Please revise the plans to
minimize the impacts by eliminating the road median.
3. Your response regarding proposed project imperviousness in Section XI of your
PCN application seems to indicate that your proposed project imperviousness
will be over 30 percent. Therefore, a stormwater management plan that
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: http://h2o.enr.state.nc.us/ncwetlands
Nye Carolina
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An Equal Opportunity/A~rmative Action Employer - 50% Recycled/10% Post Consumer Paper

KMH Banner Elk, LLC
Page 2 of 2
June 19, 2007
complies with General Certification No. 3631 (GC3631) will be required.
Because your project is in a Trout Waters (TR) watershed you will need to
design your stormwater plan to utilize extended detention stormwater wetlands,
bioretention areas, or wet detention ponds followed by a level spreader and
forested filter strip. Please contact Annette Lucas, Stormwater Engineer with the
DWQ, at 919-715-3425 to discuss this matter.
Please submit this information within 30 calendar days of the date of this letter. If we do
not receive this requested information within 30 calendar days of the date of this letter, your
project will be withdrawn and you will need to reapply with a new application and a new
fee.
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 Ms. Cyndi
Karoly or Mr. Ian McMillan at 919-733-1786 if you have any questions regarding or would
like to set up a meeting to discuss this matter
CBK/ijm
Sinc ly,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
cc: Kevin Barnett, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Filename: 061104 V er2ElkCreek(Ave ry)On_Hold