20061651 Ver 1_Withdrawal Letter_20070129

~QF WATF9Q Michael F. Easley, Governor
`~ t'i William G. Ross Jr., Secretary
~ t~'.- North Carolina Department of Environment and Natural Resources
~ ~
p .~ Alan W. Klimek, P.E. Director
Division of Water Quality
January 29, 2007
DWQ Project # 06-1651
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Thomas R. Falcone
Cary Park, LLC
P.O. Box 1067
Cary, NC 27512
Subject Property: West. Chatham Townhomes
Ut to MacGregor Downs Lake [030402, 27-43-2.2, WSIII, NSW]
WITHDRAWAL OF APPLICATION
Dear Mr. Falcone:
On October 13, 2006, the Division of Water Quality (DWQ) received your application dated
October 13, 2006, to impact 115 linear feet of perennial stream, and 3,580 square feet of Zone 1
protected Neuse River basin riparian buffer and 589 square feet of Zone 2 protected Neuse River
basin riparian buffer to construct the proposed townhouse development at the subject property.
On December 21, 2006, and January 23, 2007, the DWQ received additional information from
you, however, your stormwater BMP design remains unacceptable due to the following:
1. You may not design the extended detention wetland with two forebays.
2. All flow needs to be directed to the forebay at the north end of the wetland.
3. The surface areas at various depths remain out of compliance with our guideline of 15%
in forebay, 35% in high marsh, 35% in low marsh and 15% in micropool.
4. The planting plan does not include a large enough variety of wetland plants. The source
for the plants and soils is not specified.
For these reasons your permit application is hereby considered withdrawn.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, and your level spreader designs must utilize the
new DWQ guidelines effective January 1, 2007.
NonehCarolina
401 Oversight/Express Review Permitting Unit ~atura!!y
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.eur state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper

Cary Park, LLC
Page 2 of 2
January 29, 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 or concerns.
Sinc ly,
' Cyndi Karoly, S ervisor
401 Oversight/Express Review Permitting Unit
cc: Mike Horan, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Debbie Edwards, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 061666RosemoorSD(W ake)Withdrawal