20061104 Ver 2_More Info Letter_20070716

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ATLANTIC PLAN ~~NGIlVEERiNG ~ORP'ORATION
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~lC11~FItING NOVI` AW NOR T1iE fl'iL7tE
Date: July 16, 2007
To: Alan W. Klimek, P.E.
Division of Water Quality
401 Wetlands Certification Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: Request to Pull Back Pre-Construction Notification (PCN) on the Elk Creek Subdivision Project
To Cross Elk Creek With a Waterline, DWQ Project #06-1104, dated Apri120, 2007
This project now proposes to cross Elk Creek by boring under the creek and outside the trout
buffer zones.
Ron Kent, one of the owners of KMH, has requested us to have the most recent PCN request
submitted, dated Apri120, 2007, be pulled back. This PCN had the construction of the waterline
going across Elk Creek.
For further information, call me at [phone].
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Richard J. Franklin, P.E.
President
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WETCa~:G:S r~,N~7 3TOR~pkATER BRANCH
PO Box 1691 [phone] [phone] Fax
Hickory, NC 28603 [e-mail]

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Date: April 20, 2007
To: Alan W. Klimek, P.E.
Division of Water Quality Amanda Jones
401 Wetlands Certification Unit & Corp of Engineers
1650 Mail Service Center 151 Patton Ave., Room 288
Raleigh, NC 27699-1650 Asheville, NC 28801
Re: Change to Elk Creek Subdivision, Avery County, DWQ Project # 06-1104, Approval 401 Water
Quality Certification
The Town of Banner Elk would prefer the water line not nm down a private road, Hardee's
Lane. So we have lined up an easement for the eight (8"} water line to use a direct route across
Elk Creels. The crossing width is appro~dmatiely twenty-five (25') feet.
The attached PCN and plans have been updated to reflect this change.
Please let us know if additional information is required.
Thank you,
Richard J. F P.E.
President
cc: Town of Banner Elk
Owner(s)
PO Box 1691 (828} 327-2621 [phone] Fax
Hickory, NC 28603 [e-mail]

~v ~ r, North Carotins Department of Emirontnent sad Natural Rcsources
~ ~ -~! Alan W. Klimdt, P.E. Director
D "~ D;rision of Water Quality
May 3I, 2007
Avery County
DWQ # 06-1104 Ver Z
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/IlgCORRECT
^ RETURN OF APPLICATION PACKAGE
Dear Mr. Kent:
On May 29, 2007, the Division of Waxer 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 infonmation 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 L 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 signaxure 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.
~ l t7vasight/Express Revicw Permitting IJHit
650 Mail Service Center, Raleigh, North Carolina 27694-1650
321 Crabtree Boulevard, SuiOe 250, Raleigh, North Csrolma 27604
hone: 919-?33-1786 /FAX [phone] ! iataaet; httoJ/h2a.enrstste.rrc_uslncwetlands
a
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n Equal OpportunitylAffirmative Action Employer -5096 Recych~/1096 Post C~sruner 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 all 401 applications. The fee for
applications is $200 for projects impacting less than an acre of wetland and less than I50
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 amourrt. Please see above item. Your check # for $
is herein enclosed far fee correction. DWQ does not retain any payment unless rt is in the
correct amount.
^ A request for a modification of an issued permit requires re submission of five (~ 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 yaur 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 authorise any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authori~d~(at this time) by the DWQ. Please call Ian McMillan or me at 9I9-733-1786 if you have any
questions regarding or would like to set up a meeting to discuss this matter.
~~
Cyndi Karoly, Supervisor
4fl1 Oversight/Express Review Permitting Unit
CBIC/Ifd
cc: Kevin Barnett, Asheville DWQ Regional Office
USACE Asheville Regulabary Field Office
Atlantic Plan Engineering Corp., Richard Franklin, PO Box 1691, Hickory, NC 28603
File Copy
Central File
Fiksam~:061104v2E1kCra3c(Avuy) Hold3 NVY Ft~

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