20040026 Ver 2_Withdrawal Letter_20070322

~OF ~ a T~~Q Michael F. Easley, Governor
,`Q ~i William G. Ross Jr., Secretary
f!j ~ North Carolina Department of Environment and Natural Resources
gar .Ir ~ Alan W. Klimek, P.E. Director
fl ~}'= ~•'"' `4NP~ ;• r ~ Division of Water Quality
March 22, 2007
DWQ Project # 04-0026 v.2
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Robert Polanco
8804 Albright Road
Raleigh, NC 27612
Subject Property: Cedar Ridge Subdivision
Harris Creek [030402, 27-26, C, NSW]
WITHDRAWAL OF APPLICATION
Dear Mr. Polanco:
On December 7, 2006, the Division of Water Quality (DWQ) received your application dated
December 6, 2006, to impact 220 linear feet of perennial stream, and 22,800 square feet of Zone
1 protected Neuse River basin riparian buffer and 15,200 square feet of Zone 2 protected Neuse
River basin riparian buffer to construct the proposed subdivision at the subject property. On
February 19, 2007, and March 2, 2007, the DWQ received additional information from you,
however, your application remains unacceptable due to the following items:
Failure to provide a protected buffer mitigation plan for the buffer impacts at eastern
Virginia Water Drive and western Virginia Water Drive. These crossings are on the
same stream, and therefore, the buffer impacts are considered cumulative. The
cumulative impacts of these crossings are greater than 150 linear feet and trigger riparian
buffer mitigation.
2. Failure to demonstrate that a bottomless culvert structure is appropriate at the western
Virginia Water Drive crossing. According to the geotechnical report, only one boring
was conducted at the proposed western Virginia Water Drive. This boring indicated that
bedrock was present approximately 7 feet below ground surface. However, on March 2,
2007, additional information was submitted displaying a rock stratum line on the. western
Virginia Water Drive crossing profile within 1.5 feet of the creek bed elevation. It is
unclear how this rock stratum line was determined.
For these reasons your permit application is hereby considered withdrawn.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
No °thCarolina
401 Oversight/Express Review Permitting Unit ~atuCa!!r~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: http hZo,egr.statc iic.us'ncFyetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Robert Polanco
Page 2 of 2
March 22, 2007
application package with the appropriate fee, and your level spreader designs must utilize the
new DWQ guidelines effective January 1, 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.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
cc: Mike Horan, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Mr. Jay Keller, Keller Environmental, 7921 Haymarket Lane, Raleigh, NC 27615
Filename: 040026 v2 (wake 3-21-2007) withdrawal