20070346 Ver 1_Notice of Withdrawal_20070927

W AT
O~~F
Ei9 pG Michael F. Easley, Governor
~
r William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
~ ~
~ ~ Coleen H. Sullins. Director
Division of Water Quality
September 27, 2007
CERTIFIED MAIL: 7004 2510 0002 2177 7089
RETURN RECEIPT REQUESTED
Mr. Joseph Tanneberger
101 West Worthington Avenue
Charlotte, NC 28203
Subject Property: Clemmons Town Center
NOTICE OF RETURN
Dear Mr. Tanneberger:
DWQ # 07-0346
Forsyth County
On January 19, 2007, you requested a 401 Water Quality Certification from the Division of Water Quality
(DWQ) for your project. We wrote to you on April 24, 2007 discussing concerns that we have regarding
the design of the project and stating that it would be placed on hold for three weeks giving you time to
address DWQ's concerns. As of today, DWQ has not received a response to this request. Therefore, your
file is hereby considered returned and will not be reviewed until DWQ's earlier concerns are addressed.
Once you have collected sufficient information to have a complete application (please see our Apri124,
20071etter for the missing information), 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 Statuses and
Administrative Code. Please call Mr. Ian McMillan or Cyndi Karoly at 919-733-1786 if you have any
questions or concerns.
Sincerely,
t~~
Steve W. Tedder
Regional Supervisor
DWQ Winston-Salem Regional Oftce
cc: John Thomas, US Army Corps of Engineers, Raleigh Regulatory Field Office
Matthew O'Brien, Environmental Services Inc, 3661 Alamance Rd, Burlington, NC 2721 ~
DWQ Winston Salem Regional Office
DWQ 401/Wetlands Unit
DWQ Central Files
Filename:
N~o~thCarolina
401 Oversight/Express Review Permitting Unit QfuCa«y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equa] Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

~aF W A T~9p
~ Michael F. Easley, Governor
`~
i William G. Ross Jr., Secretary
r North Carolina D epartment of Environment and Natural Resources
--)
~ ,~
Alan W. Klimek, P.E. Director
Division of Water Quality
Apri124, 2007
DWQ Project # 07-0346
Forsyth County
1 of 2
REGEI o~U

CERTIFIED MAIL: RETURN RECEIPT REQUESTED ENR
N,c. Devt
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Mr. Joseph Tanneberger
ton-Salem
101 West Worthington Avenue Wins
Regional Office
Charlotte, NC 28203
Subject Property: Clemmons Town Center
Johnson Creek [030702, 19-91, WSIV]
REQUEST FOR MORE INFORMATION
Dear Mr. Tanneberger:
On March 8, 2007, the Division of Water Quality (DWQ) received your application dated January 19,
2007 (Public Notice was received February 22, 2007), to impact 2.85 acres of 404/wetland (2.78 acres
permanent impact, 0.07 acres temporary impact) and 785 linear feet of stream channel (773 linear feet
permanent impacts, 12 linear feet temporary impacts) to construct the proposed Clemmons Town Center
commerciaUretail facility. 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 wetland, streams and/or buffers on the subject
property. Therefore, unless we receive the additional information requested below, we will have to move
toward denial of your application as required by 15A NCAC 2H .0506 and 2B .0259(8) 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 submit a DWQ wet detention basin worksheet, available at:
http://h2o.enr.state.nc.us/ncwetlands/wrksheet.pdf with all of the blanks on the worksheet.tander.
Part I: Project :Information filled out. The worksheet data should be based on the preliminary wet
detention. basin design included in the Public Notice issued on February 23, 2007. Your submittal
of the wur!<sheet will all~~w DWQ stafl~todetermine if a sufficient site areahes been devoted to
stormwater treatment.
2. Please provide documentation that DWQ or Forest Resources has made intermittent/perennial
stream determinations on the site or contact DWQ to schedule intermittent/perennial stream
determinations on the site.
3. Compensatory mitigation is required for this project since the proposed permanent impacts exceed
1-acre of wetland and 1501inear feet of perennial stream. Please provide a compensatory
401 Oversight/Express 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: ham:/Ih2o.enr.state.nc.us/ncwetlands
No e hCarolina
~aturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. Joseph Tanneberger
Page 2 of 2
Apri124, 2007
mitigation plan. The plan must conform to the requirements in 15 A NCAC 2H .500 and must be
appropriate to the type of impacts proposed.
4. We are unable to review your plans submitted with the Public Notice due to scale and clarity.
Please resubmit your site plans on full plan sheets at a scale of no smaller than 1 "=50'.
5. Please provide cross section details showing the provisions for aquatic life passage.
6. Please state the total acreage of your project.
7. Please relocate the sewer lines currently proposed to be located parallel to Hutaff Lake and Stewarts
Creek, and show these sewer lines following existing road right-of--way.
8. Please provide a narrative describing the avoidance and minimization measures that were
considered in the planning of your project.
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 Daryl Lamb of the DWQ Winston-Salem Regional Office. If we do not hear
from you within three weeks, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn.
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 meeting to discys~ this matter.
- Since . y,
Cyndi Karoly, Supervisor
O1 Oversight/Express Review Permits Unit
CBK/ijm
cc: ryl Lamb, ll Q Winston-Salem Regional Office
John Tho s, USACE Raleigh Regulatory Field Office
Fi opy
Central Files
WRC
Matt O'Brien, Environmental Services, Inc., 3661 Alamance Road, Burlington, NC 27215
Filename: 070346CIemmonsTownCenter(Forsyth)On_Hold