20070323 Ver 1_Application Returned_20070515

~QF W'`t TF9Q Michael F. Easley, Governor
~~ ~i William G. Ross Jr., Secretary
Cq ~ North Carolina Department of Environment and Natural Resources
p .,~ Alan W. Klimek, P.E. Director
Division of Water Quality
May 15, 2007
DWQ Project # 07-0323
Durham County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Marc Reynolds
Falls Village Development, LLC
1 l5 Falls Village Lane
Durham, NC 27703
Subject Property: Falls Village
Lick Creek/Little Lick Creek [030401, 27-9-(2), WSN, NSW, CA]
RETURN OF APPLICATION -REVISED
Dear Mr. Reynolds:
On March 28, 2007, the Division of Water Quality (DWQ) received your application dated March 27,
2007, to fill or otherwise impact 0.01 acres of 404/wetland, 0.03 acres isolated wetland impact, 2.49 acres
of open water (pond), 7361inear feet of stream (permanently impact 107 linear feet of perennial stream,
temporarily impact 527 linear feet of perennial stream, and temporarily impact 40 linear feet of
intermittent stream impact), temporarily impact 62 linear feet of isolated stream, and 2,178 square feet of
Zone 1 Neuse River basin protected riparian buffers and 1,742 square feet of Zone 2 Neuse River basin
protected riparian buffers to construct the proposed residential subdivision. On May 10, 2007, the DWQ
received additional information from you, however, your application remains unacceptable due to the
following items:
The resubmittal fails to adequately address Item Number 6, which states that: "All seven of the
proposed scour holes have been placed in locations where slopes are too steep. In order to install
a scour hole, the slopes must be less than 2 percent and the outlet pipe must be less than or equal
to 18 inches in diameter." The scour hole diagrams included in the resubmittal continue to show
slopes in excess of 2 percent between the scour hole and the receiving stream. Because the
resubmittal continues to erroneously rely on scour holes to meet diffuse flow provisions, it fails to
address Items 7 and 8, which call for appropriate details, calculations and placement of level
spreaders.
In addition, the resubmittal fails to adequately address Item 9, which requires that either the
discharge from the pond be routed through an appropriately designed level spreader or that
information be submitted to show that the pond is designed in a manner which will reduce
nutrients and attenuate flow before the stormwater is discharged to the channel.
For these reasons your permit 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 with the
appropriate fee.
No ehCarolina
401 Oversight/Express Review Permitting Unit ~ll~llCQa<r/lf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: htta://h2o.enr.state.nc.us/ncwctlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Falls Village Development, LLC
Page 2 of 2
May 15, 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 919-7~3-1786 if you have
any questions or concerns. ~/
Sinc 1~ ~~
Cyndi Karoly, Supervisor
O1 Oversight/Express Review Permitting Unit
cc: Kevin Barnett, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
George Buchholz, The John R. McAdams Company, 2905 Meridian Parkway, Durham, NC 27713
Filenames 070323Fa11sVillage(Durham)Returoed_Application_Revised