20071372 Ver 1_More Info Letter_20070813

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~ ..r Alan W. Klimek, P.E. Director
Division of Water Quality
August 13, 2007
DWQ Project # 07-1372
Cabarrus County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
DPE Investments, Inc.
Attn: Jerry McSorley
18033 John Conner Road
Cornelius, North Carolina 28031
Subject Property: Fisher Lake
Permitting Fee
® PERMITTING FEE MISSING/INCORRECT
Dear Mr. McSorley:
On August 10, 2007, the Division of Water Quality (DWQ) received your application dated August 8,
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 and/or fee, in order to process your application to impact protected wetlands and/or streams
on the subject property. This project has been placed on hold as incomplete until we receive the
requested information and/or fee. Please provide the following information so that we may continue to
review your project.
Additional Information Requested:
® Lack of permitting fee: In accordance with General Certification GC3631, NW29, NW39,
item 3 states "Irrespective of other application thresholds in this General Certification, all
impacts to perennial waters and their associated buffers require written approval from DWQ
since such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS1), 2B 0213
(WSII), 2B .0214 (WS-III) and 2B.0215 (WS-I~."
Item 8 states "in accordance with North Carolina General Stature Section 143-215.3D(e), any
application fora 401 Water Quality Certification must include the appropriate 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 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. The correct fee amount to remit is $200.
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
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: httn'//h2o.enr.state.nc.us/ncwetlands
No e hCarolina
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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 returned.
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 you have
any questions regarding or would like to set up a meeting to discuss this matter.
Sincer ,
yndi Karoly, Supervisor
401 OversightlExpress Review Permitting Unit
CBK/ljd
cc: Alan Johnson, DWQ Mooresville Regional Office
USACE Asheville Regulatory Field Office
CESI, Chrissie Raymer, PO Box 268, Concord, NC 28026-0268
File Copy
Central Files
Filename: 071372 FisherLake(Cabarrus)_Hold_Fee