20080781 Ver 1_Notice of Withdrawal_20081216

?0F W A J `Cq Michael F. Easley, Governor
G William G. Ross Jr., Secretary
Vj 7, North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
December 16, 2008
DWQ Project # 08-0781
Gaston County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Joe Pearson
Pearson Properties, Inc.
1422 Burtonwood Drive
Gastonia, NC 28054-4009
Subject Property: Gaston Mall Redevelopment
Ut to Duharts Creek [030836, 11-129-19-(1), WSIV]
RETURN OF APPLICATION
Dear Mr. Pearson:
On May 6, 2008, the Division of Water Quality (DWQ) received your application dated May 5,
2008, with additional information received from you on June 12, 2008, to fill or otherwise
impact 0.95 acres of 404/wetland and 2,235 linear feet perennial stream to conduct the proposed
Gaston Mall redevelopment at the site. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below.
The following items from the DWQ's Request for More Information Letter sent on June 17,
2008 were not provided:
Per the requirements of GC 3705, this project must comply with Stormwater
Management Plan (SMP) Requirements for Applicants Other Than the North Carolina
Department of Transportation, available at:
httn: //h2o. enr. state. nc. us/ncwetlands/documents/SMPReouirementsforApplicantsothertha
nNCDOT. pdf. Because this project is large and has a high potential to impact water
quality, the DWQ has decided to review and approve the stormwater management plan at
the state level.
Please provide an SMP that removes a minimum of 85 percent TSS from the stormwater
generated by this project. For each proposed BMP, please provide a completed BMP
Supplement Form, with all the required items. The BMP Supplement Forms are
available at the following web site: http: //h2o. enr. state. nc, us/su/bmp dorms. htm.
Please submit this information within 30 calendar days of the date of this letter. Ewe do
not receive this requested information within 30 calendar days of the date o this letter.
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
Noce Carolina
Natma!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Pearson Properties, Inc.
Page 2 of 2
December 16, 2008
your project will be withdrawn and you will need to reapply with a new application and a
new fee.
For this reason your permit application is hereby considered returned. 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.
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 or concerns.
Since e y,
1
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
cc: Alan Johnson, DWQ Mooresville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Craig R. Wyant, CWS, Inc., 550 Westinghouse Boulevard, Charlotte, NC 28273
Filename: 080781 GastonMallRedevelopment(Gaston)Retu rned_Application
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
Pearson Properties, Inc.
Attn: M5r. Joe Pearson
1422 Burtonwood Drive
Gastonia, NC 28054-4009
DWQ# 08-0781-Gaston
A.

B. Received by (Printed Name) C. Date of D livery
D. Is delivery address different from Item 1? ,?
If YES, enter delivery address below: WJ No
3. ,Service Type
Certified Mail ? Express Mail
Registered Return Receipt for Merchandise
? Insured Mail C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(transfer from service le 7008 1830 0004 1353 6180
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-WI540
UNITED STATES POSTAL SERVICE FirzK4a9s, Mail
Postage &'F6es Paid
USP$
P_ erm"T 6 G-atl:
• Sender: Please print your name, address, "anii Z P+4 in this 6z''
NC DENR Division of Water
Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard suite250
Raleigh,NC 27604