20070010 Ver 1_Withdrawal Letter_20070323

~~'( WATF9Q Michael F. Easley, Governor
~~ ~i William G. Ross Jr., Secretary
~ tom-- North Carolina Department of Environment and Natural Resources
~ ~
~ .~ Alan W. Klimek, P.E. Director
Division of Water Quality
March 23, 2007
DWQ Project # 07-0010
Nash County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. David Combs
518 Clifton Road
Rocky Mount, NC 27804
Subject Property: Wildberry Drive Stream Crossing
Ut to Stony Creek [030302, 28-68, C, NSW]
WITHDRAWAL OF APPLICATION
Dear Mr. Combs:
On January 2, 2007, the Division of Water Quality (DWQ) received your application
dated December 27, 2006, to impact 601inear feet of perennial stream, and 3,600 square
feet of Zone 1 Neuse River basin protected riparian buffer, and 2,400 square feet of Zone
2 Neuse River basin protected riparian buffer, to construct the proposed residential
subdivision to construct the proposed subdivision at the subject property. On January 19,
2007, and March 19, 2007, the DWQ received additional information from you, however,
your application remains unacceptable due to the following items:
As previously requested in our January 30, 2007, correspondence to you, "Your
permanent detention pond should be redesigned as an extended wetland since you
are in a Nutrient Sensitive Waters (NSW) watershed". Your referenced detail in
your March 16, 2007 correspondence is for a wet pond, not a constructed wetland.
For this reason your permit application is hereby considered withdrawn.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 application package with the appropriate fee, and your
level spreader designs must utilize the new DWQ. guidelines effective January 1, 2007.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-] 786 /FAX [phone] /Internet: http://h2o.enr.state.nc.us/ncwetlands
None Carolina
~tura!!y
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

Mr. David Combs
Page 2 of 2
March 23, 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.
Si~cerely,
,~
~~~ ~~ ~
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
cc: Lauren Cobb, 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: 070010W ildberryDriveStrea mCrossing(Nash)Returned_Application