HomeMy WebLinkAbout20051283 Ver 2_More Info Received_20070702QC "' ' <'/~ Michael F. Easley, Governor
William G. Ross Jr., Secretary
~ ~ '', ~ North Carolina Department of Environment and Natural Resources
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p Y Alan W. Klimek, P.E. Director
Division of Water Quality
April 17, 2007
DWQ Project # OS-1283, Ver 2
Bladen County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Theodore M. and Betty J. Underwood
136 Crystal Point
Sanford, NC 27332-6642
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Subject Property: Timberlodge Village, Lots 73, 74, 77, 78 and 230 t4 ~ ~~~' ~'
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White Lake [030616, 18-46-8-1, B] ~x,~. ,, , c`~~
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REQUEST FOR MORE INFORMATION j, ~, ,,.., ,
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Dear Sir or Madam:
On April 9, 2007, the Division of Water Quality (DWQ) received your application dated March
14, 2007, to fill or otherwise impact 0.33 acres of 404/wetland, to construct the proposed
residential development. 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:
Please show all wetland impacts including fill slopes on the site plan, as well as wetlands to
remain on lots 73, 74, 75 and 76.
2. Please address how cumulative impacts will be handled for the remaining lots. Will a
conservation easement be placed on them to prevent future fill?
Please contact the DWQ within three weeks of the date of this letter to verify that you have
received this letter and to provide us with a date that we may expect to receive this requested
information. If we do not receive this requested information within one week of the date you
indicate it will be forthcoming, your project will be withdrawn and you will need to reapply with
a new application and a new fee. Please contact me in writing and Ken Averitte of the DWQ
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: 919-733-1786 /FAX 919-733-6893 ' IntemeC hno://h2o.cnrstate.ncu>Jnr~r~tlands
NorthCarolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/I0% Post Consumer Paper
June 29, 2007 ~ CJ ~ t a Q 3 V 2
NCDENR Division of Water Quality
401 Oversight Express Review Permitting Unit
2321 Crabtree Blvd.
Suite 250
Raleigh, NC 27604
ATTN: Mr. Ian McMillan
Dear Sir:
Subject: Theodore M. & Betty J. Underwood / Bladen County
Nationwide Permit #29
NCDENR DWQ 030616, 18-46-8-1, B
Enclosed, please find five copies of the requested information from your April 17, 2007 Request
for Information Letter. A clarified wetland plan is enclosed along with the requested
Conservation Easement.
If you should have any questions regarding this project, please feel free to contact me at 910-850-
3443.
incerely,
James . Rerko, PWS
4505 Bent Grass Drive
Fayetteville, NC 28312
910-484-1805
910-850-3443 (cell)
ATTACHMENTS
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ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and
acknowledges that the Property is currently undeveloped land, with no improvements
other than any existing utility lines, Declazations and rights of way.
B. Title. The Declazant covenants and represents that the Declazant is the
sole owner and is seized of the Property in fee simple and has good right to make the
herein Declazation; that there is legal access to the Property, that the Property is free and
cleaz of any and all encumbrances, except Declazations of record. '
ARTICLE V. MISCELLANEOUS
A. Conservation Puraose.
(1) Declazant, for itself, its successors and assigns, agrees that this
Conservation Properly shall beheld exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the
parties with respect to the Conservation Declazation and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Declazation. If
any provision is found to be invalid, the remainder of the provisions of this Conservation
Declaration, and the application of such provision to persons or circumstances other than
those as to which it is found to be invalid, shall not be affected thereby.
C. Recording. Declarant shall record this instrument and any amendment
hereto in timely fashion in the official records of County, North Cazolina,
and may re-record it at any time as may be required to preserve its rights.
D. Environmental Condition of Conservation Properiv. The Declarant
warrants and represents that to the best of its knowledge after appropriate inquiry and
investigation: (a) the Property described herein is and at all times hereafter will continue
to be in full compliance with all federal, state and local environmental laws and
regulations, and (b) as of the date hereof there aze no hazazdous materials, substances,
wastes, or environmentally regulated substances (including, without limitation, any
materials containing asbestos) located on, in or under the Property or used in connection
therewith, and that there is no environmental condition existing on the Property that may
prohibit or impede use of the Property for the purposes set forth in the Recitals.
IN 'WITNESS WHEREOF, Declazant has hereunto set his hand and seal, the day and
yeaz first above written.
Signature of Declarant in proper form)
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