20091346 Ver 1_Application Returned_20100224

CDETlR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 24, 2010
DWQ Project # 09-1346
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Kyle Ward
Spring Investors, LLC
1000 Darrington Drive, Suite 105
Cary, NC 27513
Subject Property: New Hill Place
Little Branch/Oak Creek [030607, 18-7-6-1-1, C]
RETURN OF APPLICATION
Dear Mr. Ward:
On December 23, 2009, the Division of Water Quality (DWQ) received your application dated September
25, 2009, with Public Notice issued by the USACE on December 22, 2009, and received by the DWQ
December 23, 2009, to fill or otherwise impact 0.802 acres of 404/wetland and 3,410 linear feet of stream,
to construct the proposed mixed-use development at the site. On January 25, 2009, the DWQ requested
additional information from you and you were instructed in that correspondence to:
"Please submit this information within 30 calendar days of the date of this letter. If we do not receive this
requested information within 30 calendar days of the date of this letter, your project will be withdrawn and
you will need to reapply with a new application and a new fee." As of today we have not received the
requested information.
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
fee.
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. A /I
CBK/ jm
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:l/h2o.enr.state,nc.us/ncwetlands/
: Since y,
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r4001 ndi Karoly, Supervisor
Oversight/Express Review Permitting Unit
N?orthCarohna
aturall?
An Equal Opportunity 1 Affirmative Action Employer
Spring Investors, LLC
Page 2 of 2
February 24, 2010
cc: Jamie Shern, U.S. Army Corps of Engineers - Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Ben Wilson, ATC Associates, Inc., 2725 East Millbrook Road, Suite 121, Raleigh, NC 27604
Filename: 091346NewHillPlace(W ake)Retumed_Appl ication