20061666 Ver 2_Withdrawal Letter_20070621

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
June 21, 2007
DWQ Project # 06-1666, Ver. 2
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Montclair, LLC
8368 Six Forks Road, #202
Raleigh, NC 27615
Subject Property: Rosemoor Subdivision
UT to Black Creek [030404, 27-45-(2), C, NSWJ
WITHDRAWAL OF APPLICATION
Dear Sir or Madam:
On May 16, 2007, the Division of Water Quality (DWQ) received your revised application dated May 14,
2007, to fill or otherwise impact 0.3103 acres of 404/wetland and 0.00 square feet of Zone 1 Neuse River
basin protected riparian buffers and 0.00 square feet of Zone 2 Neuse River basin protected riparian
buffers to construct a residential subdivision at the site. The DWQ has determined that your application
was incomplete and/or provided inaccurate information as discussed below. The DWQ will require
additional information in order to process your application to impact protected wetlands and/or streams on
the subject property. Therefore, unless we receive five copies of the additional information requested
below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and
will place this project on hold as incomplete until we receive this additional information. Please provide
the following information so that we may continue to review your project.
Additional Information Requested:
The DWQ was not able to complete a review of the proposed level spreaders due to the incomplete
information that was provided in the submittal. The following information will need to be included
in the resubmittal:
- A plan sheet of the overall site that shows the locations of all of the proposed level spreaders.
Please clearly number all level spreaders.
- Plan sheets at a scale of 1" = 50' or larger that shows the locations of the level spreader lips, the
boundaries of the Neuse Riparian buffers, the stream channels, flow splitter devices (if applicable),
bypass channels (if applicable) and the topographic lines for the site. The topographic lines
downslope of each level spreader must clearly show that the slopes are within the allowable limits
for level spreaders.
-Please use level spreaders that are between 13 and 130 feet in length.
Please correct the following issues that the DWQ noted in the proposed bioretention areas:
- The bioretention planting plans include Myrica cerifera (wax myrtle). This species fixes nitrogen
and therefore is not desirable to include in a bioretention area that is in an NSW watershed. Please
substitute another species.
- The inlet velocity for the bioretention areas may not exceed 2.0 feet per second. Please provide an
401 Oversight/Express Review Permitting Unit N~QtllCll~~~a
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: httn://h2o.enr.state.nc.us/ncwetlands
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Montclair, LLC
Page 2 of 2
June 21, 2007
appropriate engineered device to reduce the inlet velocity to 2.0 feet per second or less to protect
the bioretention area from eroding
Please submit this information within 30 calendar days of the date of this letter. If we do not receive this
requested information within 30 calendar days of the date of this letter, your project will be withdrawn
and you will need to reapply with a new application and a new fee.
This letter only addresses the application review 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 meeti g to discuss this matter.
Sin r ly,
G
yndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
cc: Lauren Cobb, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Blackburn Consulting Engineering, 234 East Main Street, Clayton, NC 27520
Filename: 061666 Ver2RosemoorSD(W a ke)O n_Hold