20090883 Ver 1_Notice of Withdrawal_20091110

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 10, 2009
DWQ Project # 09-0883
Lenoir County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Dwain Shackelford
Shackelford Farms, Inc.
1652 J. Kenneth Hall Road
Hookerton, NC 28538
Subject Property: Shackelford Farms
Ut to Wheat Swamp Creek [030407, 27-86-24, C, SW, NSW]
RETURN OF APPLICATION
Dear Mr. Shackelford:
On August 13, 2009, the Division of Water Quality (DWQ) received the Public Notice issued by the U.S.
Army Corps of Engineers for the above-referenced project on August 13, 2009, to fill or otherwise
temporarily impact 0.086 acres of 404/wetland and 100 linear feet of perennial stream, and 0.00 square feet
of Zone 1 Neuse River Basin riparian buffers, and 0.00 square feet of Zone 2 Neuse River Basin riparian
buffers, to construct the 3-acre impoundment at the site. On August 14, 2009, the DWQ requested
additional information from you including the following:
1. The 401 Certification cannot be processed until five (5) complete sets of the application and
associated maps is received at the DWQ Central Office in Raleigh along with the appropriate fee.
Any large scale maps that are provided also need to include a copy of the site plans on a cd.
One (1) data CD of full size plans in TIFF Group 4 format (black and white, not grayscale or
color). If the plans are too large to store in TIFF format, they can be stored in PDF.
2. Application fee: please note that the N.C. General Assembly approved an increase for application
fees for all regulatory programs administered by DWQ, effective July 1, 2007. The fee for
applications is now $240 for projects impacting less than an acre of wetland and less than 150
linear feet of streams (whether intermittent or perennial). For projects impacting one or more
acres of wetland or 150 linear feet of streams (whether intermittent or perennial), the fee is $570.
As of today the DWQ has not received the requested information and 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.
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.
401 Oversight/Express Review Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NorthCarohna
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Aaturall?
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
An Equal Opportunity 1 Affirmative Action Employer
Mr. Dwain Shackelford
Page 2 of 2
November 10, 2009
Sincerely,
9-n 4
Cyndi Karoly, Supervisor
O1 Oversight/Express Review Permitting Unit
CBK/ijm
cc: Emily Jernigan, USACE Washington Regulatory Field Office
Roberto Scheller, DWQ Washington Regional Office
File Copy
Filename: 090883ShackelfordFarms(Lenoi r)Returned_Application