20100510 Ver 1_Notice of Withdrawal_20101027

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Qctober 27, 2010
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Chatham County
Attn: Mr. David Hughes
295 West Street
Pittsboro, NC 27312
DWQ Project # 2010-0510
Chatham County
Subject Property: Chatham County Law Enforcement Center Parking Lot Mod and
Expansion
UT to Robeson Creek [030604,16-38-(3), WSIV, NSW]
RETURN OF APPLICATION
Dear Mr. Hughes:
On June 25, 2010, the Division of Water Quality (DWQ) received your application dated June 16, 2010 to
impact 455 square feet (ft) of Zone 1 protected riparian buffers and 496 square feet (ft2) of Zone 2
protected riparian buffers for the stormwater outfall at the subject property. On July 20, 2010, the DWQ
sent a Request For More Information letter to you requiring a response from you within 30 calendar days.
On September 15, 2010, the DWQ received additional information from you. However, you have chosen
not to provide the requested information for item 4 (restated below). 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.
Additional Information Requested:
4. Please address the following design issues with the bioretention area:
• The first item stated: "The forebays of the proposed bioretention areas should be equipped
with liners to prevent stormwater from seeping through the berm and passing directly to
the underdrain system without appropriate treatment. Please provide a design for the
northeastern forebay. "
The liner requirement for the forebay stands. Vegetation should not be planted in a forebay
as it will interfere with regular maintenance activities. If you do not intend to provide a
northeastern forebay, then it should not appear on the plans. The grading for the surface area
of the forebay is shown on the plans; however, the plans do not show this area being filled
with appropriate engineered soil media, equipped with underdrains, planted with appropriate
plants, etc.
401 Oversight/Express Review Permitting Unit
2321 Crabtree Blvd, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] \ FAX: [phone]
Internet: http://portal.ncdenr,org/web/wq/ws
NorthCarolina
Natumlly
An Equal Opportunity \ Affirmative Action Employer
Chatham County
Page 2 of 2
October 27, 2010
• The second item stated. "The planting plan must show the actual location of the plants
within the bioretention cell "
This information was not adequately provided on Sheet C601. The planting plan provided on
Sheet C600 for the balance of the site is a fairly good example of the type of specific planting
information that the DWQ requires for the bioretention planting plan. The planting table for
the bioretention area must show the names, size, and total number for each specified plant.
• The third item stated: "The tree and shrub planting details should be modified to show
one-half to one-third of the rootball above grade."
The planting detail on sheet C600 do not show one-half to one third of the rootball above
grade.
• The fourth item stated. "A soil test to document the estimated elevation of the seasonal
high water table must be provided"
Documentation of a soil test was not provided. The response provided is not adequate.
• The sixth item stated: "Please explain how the remaining undeveloped area on the north
side of the propertyfronting US-64 will be utilized. "
If there is no intent to develop the remainder of the site at present, then all references to future
development should be removed from the new application. In addition, the future forebay
should be removed from the plans and the bioretention area design should show how the
bioretention area to serve the current project will be designed.
Please be aware that you have no 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 Mr. Ian McMillan or Ms. Amy Chapman at 919-733-1786 if you have
any questions or concerns.
Sincer ly,
Ian McMillan, Acting Supervisor
401 Oversight/Express Review Permitting Unit
IJMlasc
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
Rivers & Associates, Inc, Attn: Mr. David Smith, 6131 Falls of Neuse Rd, Suite 300, Raleigh, NC 27609
File Copy
Filename: 100510ChathamCountyLawEnforcementCenterParkingLot(Chatham)JBR_Retumed_Appl ication