20061147 Ver 1_More Info Received_20060802

1'F9p Michael F. Easley, Governor
61 + William G. Ross Jr., Secretary
C.0 North Carolina Department of Environment and Natural Resources
p .? Alan W. Klimek, P.E. Director
- Division of Water Quality
July 19, 2006
DWQ Project # 06-1147
Avery County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Vista Properties, LLC
Attn: Kent Smith
PO Box 1685
Boone, North Carolina 28607
Subject Property: Vistas at Banner Elk
Permitting Fee
® REQUEST FOR MORE INFORMATION
RETURN OF APPLICATION PACKAGE
Dear Mr. Smith:

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On July 13, 2006, the Division of Water Quality (DWQ) received your application dated June 7, 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.
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 21-1.0506 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 (USACE) 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.
? 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 150
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: httl2://h2o.enr.state.nc.us/ncwetlands
Carolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper
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. Please see above item. Your check # 758622 for $ 200 is herein
enclosed. See `Other' section below
? 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: 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. (If the impact is 149 if or below, please resubmit
five (5) copies of page 8 reflecting that information.)
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
Enclosures: Check # 758622 for $200 -
cc: McGill Associates, Rhonda Honeycutt, PO Box 2259, Asheville NC 28802
File Copy + check copy
Central Files + check copy
Filename: 061147V istasBa n nerElk(Avery)_Fee