20050675 Ver 2_Notice of Withdrawal_20061204

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Michael F. Easley, Governor
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~ William G. Ross Jr., Secretary
~ r North Carolina Department of Environment and Natural Resources
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Alan W. Klimek, P.E. Director
Division of Water Quality
December 4, 2006
DWQ Project # OS-0675, Ver.2
Johnston County
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
Mr. William R. O'Neal V
5 Nicklaus Way
Clayton, NC 27520
Subject Property: Moss Creek Village Business Park
Ut to Little Creek [030402, 27-43-12, C, NSW]
NOTICE OF WITHDRAWAL
Dear Mr. O'Neal:
On August 25, 2006, the Division of Water Quality (DWQ) received your application dated August
23, 2006, to impact 8 linear feet of perennial stream and an unknown square footage of protected
Neuse River basin riparian buffers, to construct the proposed storm drain connection. On October 23,
2006, and November 30, 2006, the DWQ received additional information from you, however, you
have not adequately addressed our request from October 25, 2006, correspondence to you requesting,
"Please indicate all buffer impacts on the site plan and in your PCN application form. Be sure to
show heavy equipment in the buffer as a buffer impact." 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considered withdrawn.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.
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 919-733-
1786 if you have any questions or concerns.
Sin rel ,
Cyndi Karoly, Supervisor
~O1 Oversight/Express Review Permitting Unit
cc: Mike Horan, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Sean Hein, Blackburn Consulting Engineering, 234 East Main Street, Clayton, NC 27520
Filename: 050675Ver2MossCreekV illageBusinessPark(Johnston)W ithdrawal
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: htto://h2o.enr.state.nc.us/ncwetlands
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