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20070138 Ver 1_More Info Letter_20070219
~QF W ATFRQ Michael F. Easley, Governor ~Q G William G. Ross Jr., Secretary Cp t~'..- North Carolina Department of Environment and Natural Resources ~ _~ © .,~. Alan W. Klimek, P.E. Director Division of Water Quality February 19, 2007 DWQ Project # 07-0138 Wake County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Town of Cary Attn: Paul Kuhn 316 N Academy Street Cary, North Carolina 27513 Subject Property: Middle Creek Greenway Permitting Fee ^ REQUEST FOR MORE INFORMATION ® PERMITTING FEE MISSING/INCORRECT ^ RETURN OF APPLICATION PACKAGE Dear Mr. Kuhn: On January 23, 2007, the Division of Water Quality (DWQ) received your application dated January 19, 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 in order to process your application to impact protected wetlands and/or streams on the subject property. DWQ has placed this project on hold as incomplete until we receive this additional information or fee. 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. NorthCarolina 401 Oversight/Express Review Permitting Unit ,N6TfllC6l~~lf 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 (Internet: htto //h2o enr state.nc.us/ncwetlands 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 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. ^ Incorrect permitting fee amount. Please see above item. 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: General Certification GC3402 Condition #2 states that "impacts to any stream length in the Neuse River Basin (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] requires written concurrence for this certification from DWQ in accordance with 15A NCAC 2B.0200." Please remit the appropriate fee of $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 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 me at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. ~ Sincerely r J ,, ~~ `, ¢r Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBKlljd cc: Withers & Ravenel, Todd Preuninger, 114 MacKenan Drive, Cary, NC 27511 file Copy Central Files Filename: 070138TOCaryMiddleCrkGrnwy(Wake)_Hold_Fee