20060973 Ver 1_Application Returned_20070418

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 18, 2007
DWQ Project # 06-0973
Nash County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Claude Mayo
Post Office Box 1238
Rocky Mount, NC 27802
Subject Property: Birchwood Homes
UT to Sapony Creek [030302, 28-55-(1), C, NSW]
RETURN OF APPLICATION
Dear Mr. Mayo:
On June 16, 2006, the Division of Water Quality (DWQ) received your application dated
June 13, 2006 to impact 0.249 acres of isolated wetlands to construct the proposed
residential neighborhood. On July 10, 2006, the DWQ received additional information
from you, however, the DWQ determined that your application remained incomplete
and/or provided inaccurate information as discussed below.
1. The onsite wetlands appear to be connected by Rains soil (a hydric soil) to the
stream. Please provide documentation from the U.S. Army Corps of Engineers
indicated that the onsite wetlands are isolated.
We have neither received this requested information nor heard from you since our last
correspondence to you dated July 19, 2006. Therefore, 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considered withdrawn.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.
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
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: [phone] /FAX [phone] /Internet: h~://h2o.enr.state.nc.us/ncwetlands
Nose Carolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. Claude Mayo
Page 2 of 2
April 18, 2007
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.
Sin ely,
~ yndi 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: 060973BirchwoodHomes(Nash)Returned_Applicatlon