20052167 Ver 3_Notice of Withdrawal_20070510

~OF W A TF9 p Michael F. Easley, Governor
`Q ~i William G. Ross Jr., Secretary
Vj ry'.. North Carolina Department of Environment and Natural Resources
p .r Alan W. Klimek, P.E. Director
Division of Water Quality
May 10, 2007
DWQ EXP No. 052167v3
Franklin County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Marcus Edwards Development, LLC
Attn: Mr. Matthew Winslow
416 US Highway 1 North, Suite B
Youngsville, NC 27596
Subject Property: Winston Ridge/Highway 96 Widening
NOTICE OF WITHDRAWAL-EXPRESS REVIEW PROGRAM
Dear Mr. Winslow:
On March 27, 2007, the Division of Water Quality (DWQ) received your PCN application for the above-
referenced project. On March 29, 2007 and Apri13, 2007 DWQ requested additional information. On
April 12, 2007 a meeting was conducted to clarify additional information requests. No written responses
have been received since that meeting. As a result of your failure to provide adequate responses within
the 30-day timeframe of the Express Review Program (so as to be able to review your application to
impact protected buffers and waters of the state), we are withdrawing your permit application from the
Express Review Program.
Should you choose to pursue the Winston Ridge/Highway 96 Widening Project, you must reapply and
resubmit through the regular 401/Wetlands Program with a new fee and a modified application which
clearly addresses the issues we discussed in the April 12~' meeting including complying with the January
2007 diffuse flow provisions.
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 contact Cynthia Van Der Wiele at [phone], Lia Myottat [phone], or Cyndi Karoly,
at [phone] if you have any questions regarding or would like to set up a meeting to discuss this
matter.
Sincerely,
~.
Cyndi Karoly,
401 Oversight/Express Review Permitting Unit
CBK/cvdw/lem
401 Oversight /Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Sufte 250, Raleigh, North Carolina 27604
Phone: [phone] l FAX [phone]ntemet: http://h2o.en r.state. nc. us/ncwetlands
No°° Cazolina
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Winston Ridge, Highway 96 Widening
Page 2 of 2
May 10, 2007
cc: USACE Raleigh Regulatory Field Office
Mike Horan, DWQ Raleigh Regional Office
File Copy
Central Files
Jay Keller, Keller Environmental, 7921 Haymarket Lane, Raleigh, NC 27615
Filename: 022167v3W instonRidgeHvey96(Fra nklin)EXP