20061223 Ver 1_Withdrawal Letter_20060905

~OF WATF9o Michael F. Easley, Governor
`~ (,~ William G. Ross Jr., Secretary
~- North Carolina Department of Environment and Natural Resources
-i
O .~ Alan W. Klimek, P.E. Director
Division of Water Quality
September 5, 2006
DWQ Project No. 06-1223
Pitt County
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
Mr. Kenneth Smith
Kenneth Smith Properties, Inc.
1588 NC Hwy 102 East
Ayden, NC 28513
Subject Property: Brookstone Subdivision Phase One
Swift Creek [030409, 27-97-(0.5), C, SW, NSW]
NOTICE OF WITHDRAWAL
Dear Mr. Smith:
On August 09, 2006, the Division of Water Quality (DWQ) received your application dated
July 27, 2006, to impact 450 square feet of Zone 1 of the protected riparian buffers and 300
square feet of Zone 2 of the protected riparian buffers to construct the proposed residential
subdivision. On August 9, 2006, and August 31, 2006, the DWQ received additional
information from you in response to requests for additional information submitted to you
from the DWQ on July 31, 2006 and August 14, 2006, respectively. As of today, all of the
information requested by the DWQ to process your application has not been provided.
Therefore, your file is hereby considered withdrawn and will not be reviewed until the
DWQ's earlier concerns are addressed. The DWQ will require the additional information
listed below in order to process an application to impact protected wetlands, streams and/or
protected riparian buffers on the subject property. Once you have collected sufficient
information to have a complete application you will need to reapply for DWQ approval. This
includes submitting a complete application package with the appropriate fee.
Additional Information Necessary to Process a New Application
In the August 14, 2006, DWQ correspondence to you, Item No. 4 requested the
following: "Please indicate the diffuse flow provision measures on your site plan. Be sure
to include all applicable operation & maintenance agreements and associated
worksheets." In your agent's August 30, 2006, reply to the above-referenced request,
they wrote, "The requested permitting at this time is to allow discharge without diffuse
flow due to topographic constraints." The DWQ cannot authorize this request.
NQy~ethCarolina
401 Oversight/Express Review Permitting Unit ,/VQtIlCa~~t,J
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
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Kenneth Smith Properties, Inc.
Page 2 of 2
September 5, 2006
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 Statuses and Administrative Code. Please call Mr. Ian McMillan at 919-
715-4631 if you have any questions or concerns.
CBK/ijm
cc:

Sincer ,
Cyndi Karc
401 OversightlExpress Review Permitting Unit
Kyle Barnes, DWQ Washington Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Jamie Midgette; Malpass & Associates; 1645 E. Arlington Blvd; Suite D; Greenville, NC 27858
Filename: 061223BrookstoneSD(Pitt)W ithdrawn