20060447 Ver 1_Denial Letter_20070501

~QF w A TFRp Michael F. Easley, Governor
`(~ ~i William G. Ross Jr., Secretary
rte.- North Carolina Department of Environment and Natural Resources
~ ~
0 ..~ Alan W. Klimek, P.E. Director
Division of Water Quality
May, 2007
DWQ Project # 06-0447
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Rocky Keim
Olde Towne, LLC
387 Medina Road, Suite 600
Medina, OH 44256
Subject Property: Olde Towne
Ut to Walnut Creek [030402, 24-34-(4), C, NSW]
NON-APPROVAL OF REQUEST FOR REVISION OF REQUIRED STORMWATER
MANAGEMENT CONDITION OF 401 CERTIFICATION
Dear Mr. Keim:
On January 31, 2007, the Division of Water Quality received your letter dated January 31, 2007,
regarding a request to revise Condition No. 7 of Your 401 Water Quality Certification dated January
8, 2007. Specifically, you have requested that Condition No. 7 of Your 401 Water Quality
Certification only apply to Phase 4 of your project. The DWQ will not approve this request for the
following reasons:
1. A number of the phases have proposed impervious surface percentages that exceed 28 percent: 6
out of 12. The DWQ will need to do a careful review when impervious surface percentages are
this close to 30 percent.
2. The DWQ staff also needs to have the opportunity to insure that diffuse flow provisions are met
appropriately on each one of the phases.
This letter only addresses the non-approval of a request to revise Condition No. 7 of Your 401 Water
Quality Certification and does not authorize any impacts to wetlands, waters or protected buffers. Please
be aware that any impacts requested within your application are not authorized (at this time) by the DWQ.
Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-1786 if you have any questions regarding
or would like to set up a meeting to discuss this matter.
Sincer ,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBKlijm
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: http://h2o.enr.state.nc.usJncwetlands
None hCarolina
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Olde Towne, LLC
Page 2 of 2
May 1, 2006
cc: Lauren Cobb, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Nicole Thomson, S&EC, 11010 Raven Ridge Rd, Raleigh, NC 27614
Filename: 06044701deTowne(W a ke)Req uest_for_SW_couditiou_revisio 0