20052255 Ver 1_Withdrawal Letter_20060926

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 26, 2006
DWQ Project No. OS-2255
Transylvania County
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CERTIFIED MAIL -RETURN RECEIPT REQUESTED
Mr. Andy Baker
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]
NOTICE OF WITHDRAWAL
Dear Mr. Baker:
On December 21, 2005, the Division of Water Quality (DWQ) received your application
dated December 16, 2005, and on Mazch 9, 2006, the DWQ received your Public Notice
dated March 6, 2006, to fill or otherwise impact 0.0068 acres of wetland, and 950 linear feet
of stream (451 linear feet perennial stream, 4991ineaz feet intermittent stream) to construct
the proposed residential development near Rosman, in southern Transylvania County. On
April 17, 2006, May 26, 2006, July 6, 2006, and September 19, 2006, the DWQ received
additional information from you. As of today, all of the information requested by the DWQ
to process your application has not been provided. Therefore, your file is hereby considered
withdrawn and will not be reviewed until the DWQ's eazlier concerns are addressed. The
DWQ will require the additional information listed below in order to process an application
to impact protected wetlands, streams and/or protected riparian buffers on the subject
property. Once you have collected sufficient information to have a complete application you
will need to reapply for DWQ approval. This includes submitting a complete application
package with the appropriate fee.
Additional Information Necessary to Process a New Application
1. Please submit a complete and comprehensive mititation clan. Please reference the
following link for guidance in preparing your mitigation plan:
httn://www.saw.usace.army.mil/wetlands/miti>;ation/stream mitigation html
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://h2o.enr.state.nc us/ncwetlands
N""o~~ennCarolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

McKeough Land Company, Inc.
Page 2 of 2
September 26, 2006
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 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 be aware that you have no authorization under Section 401 of the Clear Water Act for
this activity and any work done within waters of the state would be a violation of North
Carolina General Statuses and Administrative Code. Please call Mr. Ian McMillan at 919-
715-4631 if you have any questions or concerns.
CBK/ijm
Sinc ,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
cc: Kevin Barnett, DWQ Asheville Regional Office
USACE 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)W ithdrawn