20052255 Ver 1_More Info Letter_20060817

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Michael F. Easley, Governor
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oss Jr., Secretary
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0 .~ Alan W. Klimek, P.E. Director
Division of Water Quality
August 17, 2006
DWQ Project # OS-2255
Transylvania County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Andy Bakei
McKeough Land Company, Inc.
208 Franklin Street
Grand Haven, MI 49417
Subject Property: Round Mountain Falls
Ann, Bearpen, Devils Hole, Rock, and Toxaway Creeks [031302, 4-9-2, 4-10-1,
4-9-1, 4-13-11, 4-9, C, Tr]
REQUEST FOR MORE INFORMATION
Dear Mr. Baker:
On December 21, 2005, the Division of Water Quality (DWQ) received your application dated December
16, 2005, and on March 9, 2006, the DWQ received your Public Notice dated March 6, 2006, to fill or
otherwise impact 0.0068 acres of wetland, and 9501inear feet of stream (451 linear feet perennial stream,.
4991inear feet intermittent stream) to construct the proposed residential development near Rosman, in
southern Transylvania County. On April 17, 2006, May 26, 2006, and July 6, 2006, the DWQ received
additional information from you, however, the DWQ has determined that your application remains
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 provide documentation indicating how it was determined that the streams you have labeled
intermittent are considered intermittent by the DWQ. This determination must be made by the
DWQ.
2. Please provide a concise. clear, summary confirming the current proposed impacts for the
site. This is necessary to reconcile discrepancies between the Public Notice and application
materials previously submitted, and to confirm mitigation requirements.
3. Please submit a complete and comprehensive mitigation plan. Please reference the following
link for guidance in preparing your mitigation plan:
htt>,://ww~rv.saw.usace.armv.mil/wetlands/mitigation/stream mitii?ation.html
Please clearly differentiate between what is proposed for mitigation through restoration, what is
proposed for mitigation through preservation and what is proposed for mitigation by payment to
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 -h?o.crlr_statc_nc_us/newetlands
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

McKeough Land Company, Inc
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August 17, 2006
the NCEEP. Please be sure to include all relevant maps to support your proposed plan. You are
advised that a 401 Water Certification cannot be issued until a complete, approvable mitigation
plan is included with your application.
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 me in writing and Kevin
Barnett of the DWQ Asheville Regional Office. 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 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.
Sincerely,
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Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm
cc: Kevin Barnett, DWQ Asheville Regional Office
USAGE Asheville Regulatory Field Office
File Copy
Central Files
Jennifer Robertson, Wetland and Natural Resource Consultants, Inc., P.O. Box 882, Canton, NC 28716
Filename: 052255RoundMountainFalls(Transylvania)On_Hold