20061448 Ver 1_More Info Letter_20060908

~F W A rF9 __ ______
Michael F. Easley, Governor
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~ tom-- William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

() ~ Alan W. Klimek, P.E. Director
Division of Water Quality
September 8, 2006
DWQ Project # 06-1448
Watauga County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Andy Louka `
C/O R. Rhodes
PO Box 270
Jefferson, North Carolina 28640
Subject Property: Fox Den Subdivision
Permitting Fee
^ REQUEST FOR MORE INFORMATION
® PERMITTING FEE MISSING/INCORRECT
^ RETURN OF APPLICATION PACKAGE
Dear Mr. Louka and Mr. Rhodes:
On September 7, 2006, the Division of Water Quality (DWQ) received your application dated August 31,
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 properly. 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:
^ 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).
^ Water Body information not stated. See III Project Information, Item 7.
^ 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.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevazd, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: httn://h2o.enr.state.nc.us/ncwetlands
Noo` Cazolina
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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. We have herein returned your modification request.
^ Application was missing pages or sections of information. See Other section below.
® OTHER: A NW 14 (GC3404) states "proposed fill or substantial modification of wetlands or
waters (including streams) under this General Certification requires a fee, application to, and
prior written concurrence from the Division of Water Quality." " In accordance with North
Carolina General Statute Section 143-215.3D(e), any application fora 401 Water Quality
Certification must include the appropriate fee." Please remit payment in the amount of $200
to Division of Water Quality (DWQ).
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
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 withdrawn.
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 Ms. Cyndi Karoly at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/Ijd
cc: File Copy
Central Files
Filename: 061448FoxDenSD(W ata uga)_Hold_Fee