20090356 Ver 1_Notice of Withdrawal_20100211

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 11, 2010
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Trailwood Building, LLC
Attn: Ms. Linden R. Byrd
2245 North Hills Drive
Raleigh, NC 27612
Subject Property: The Lynden Centre at Crabtree
UT to Crabtree Creek [030402, 27-33-(10), C, NSW]
RETURN OF APPLICATION
Dear Ms. Byrd:
Dee Freeman
Secretary
DWQ Project # 09-0356..
Wake County:
On April 1, 2009, the Division of Water Quality (DWQ) received your minor variance application dated
April 1, 2009 for impacts to protected riparian buffers on the site. On July 6, 2009, the DWQ sent a
Request For More Information letter to you requiring a response from you within 30 calendar days. As of
today the DWQ has not received the requested information or any further correspondence from you. For
this reason your 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, including responses to the
following:
1. The scour holes may not be located within the Neuse Buffer. Please provide appropriate diffuse
flow measure outside of the riparian buffer per Chapter 8 of DWQ's BMP Manual.
2. Please provide one Level Spreader Supplement Form for each proposed level spreader, available
at: http://h20.enr.state.nc.us/su/bmp forms:htm. Please include the Required Items Checklist and
all items listed therein.
3. There are three approved private buffer mitigation banks in the 03020201 cataloging unit. You
must first try to go through a private mitigation bank before using the Ecosystem Enhancement
Program. Please provide an acceptance letter from one of the three private mitigation banks for
your proposed buffer mitigation. The three banks are the EBX Neuse 1- Westbrook., Forrest
Creek Buffer Mitigation Bank, and the Umbrella Riparian Buffer Bank - Wellons Farm. You can
view the contact information for each bank at the following website:
htti?://h2o.enr.state.nc.us/ncwetlands/documents/mitigation banks 4.doc
Please be aware that you have no minor variance or authorization under the Neuse Buffer Rules 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 Ms. Cyndi Karoly or Ms. Amy Chapman at 919-733-1786
if you have any questions or concerns.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
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An Equal Opportunity 1 Affirmative Action Employer
Trailwood Building, LLC
Page 2 of 2
February 11, 2010
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/Img
cc; Lauren Witherspoon, DWQ Raleigh Regional Office
Natalie Landry, DWQ Raleigh Regional Office
File Copy
Douglas Saunders, Transite Consulting, 3516 Bush St, Ste 101, Raleigh, NC 27609
Filename: 090356TheLyndenCentreatCrabtree(W ake)MinVar _Retumed_Application. doc