20050345 Ver 2_Withdrawal Letter_20070404

~~F W aTF9P Michael F. Easley, Governor
`0 G William G. Ross Jr., Secretary
Vj ~ North Carolina Department of Environment and Natural Resources
~ ~ Alan W. Klimek, P.E. Director
Division of Water Quality
Apri14, 2007
DWQ Project # OS-0345, Ver. 2
Cumberland County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Harvey Allen
136 D Bow Street
Fayetteville, NC 28451
Subject Property: Cape Fear Crossing
Ut to Pasture Branch Swamp/Ut to Lock Creek [030615, 18-32, C]
WITHDRAWAL OF APPLICATION
Dear Mr. Allen:
On March 5, 2007, the Division of Water Quality (DWQ) received your unsigned and
undated application to impact 0.34 acres of 404/Wetland, to construct the proposed
residential subdivision at the subject property. On March 26, 2007, the DWQ received
additional information from you, however, your application remains unacceptable due to
the following items:
As previously requested, please submit 5 copies of a signed and dated Pre-
Construction Notification application for the proposed impacts utilizing the
attached March 2005 Pre-Construction Notification application and listing your
current agent as Agent/Consultant in Section II, No. 2. Additionally, please
submit 5 copies of your site plans at a scale of no smaller than 1 "=50' .
For these reasons your permit application is hereby considered withdrawn. Should you
choose to reapply, we strongly encourage you to arrange apre-application with DWQ
staff so we may assist you and help you to submit a complete application. Additionally,
once you have redesigned your project to address the problems and inadequacies with
your application as it was submitted, you will need to reapply for DWQ approval. This
includes submitting a complete application package with the appropriate fee.
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: httn://h2o.enr.state.nc.us/ncwetlands
None Carolina
~turally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. Harvey Allen
Page 2 of 2
April 4, 2007
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 Statutes and Administrative Code. Please call Ms. Cyndi Karoly
or Mr. Ian McMillan at 919-733-1786 if you have any questions
I.~h
V
concerns.
Si e ely,
yndi Karoly, Supervisor
401 OversightlExpress Review Permitting Unit
Enclosures: March 2005 Pre-Construction Notification Application
cc: Ken Averitte, DWQ Fayetteville Regional Office
USACE Wilmington Regulatory Field Office
File Copy
Central Files
Ms. Krissina Newcomb, Hal Owens & Associates, Inc., P.O. Box 400, Lillington,
NC 27456-0400
Filename: 050345 V er2Ca peFea rCrossing(Cu m berla nd)Retu rned_Application