20051095 Ver 2_Notice of Withdrawal_20081229

O?pF W AT f Michael F. Easley, Governor
William G. Ross Jr., Secretary
co r North Carolina Department of Environment and Natural Resources
p Coleen H. Sullins. Director
Division of Water Quality
December 29, 2008
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. Peter F. Marsenison, Vice President of Operations
Miles Development Partners
3280 Peachtree Road NW, Suite 600
Atlanta, GA 30305
Subject Property: Fox Road Development
NOTICE OF RETURN
Dear Mr. Marsenison:
DWQ # 05-1095, Ver. 2
Wake County
On September 20, 2007, you submitted a "courtesy copy" PCN application for review to the Division of
Water Quality (DWQ) for your project. Since your proposed impacts were greater than a tenth of an acre,
a formal 401 application including a fee was required. We wrote to you on September 25, 2007,
requesting additional information and informing you that your project would be placed on hold for 30
calendar days giving you time to address DWQ's concerns. As of today, DWQ has not received a
response to the September 25, 2007 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 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.
Sin r y, 11 A9t
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
cc: DWQ Raleigh Regional Office
USACE Raleigh Field Office
Matt Matthews, DWQ Wetlands and Stormwater Branch Manager
File Copy
Filename: 051095v2FoxRdDevelopment(W ake)NoticeOfRetum. doc
,One,
401 OversighVExpress Review Permitting Unit N14 A"
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/ncwetiands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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A.
B. erecoived by (Prated
? Agent
? Addressee
C. Date of Delivery
1. Article Addressed to:
Miles Development Partners
Attn: Mr. Peter F'. Marsenison
3250 Peachtree Rd. NW Ste.600
Atlanta, GA 30305
DWQfl 05-1095v-2-Wake
D. Is delivery address diffigent "m'ite* 1? LJ Yes
If YES, ante qe ery address below ? No
3. Service Type
Certified Mail ? Express Mail
Registered 50 Return Receipt for Merchandise
? Insured Mail C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7008 1300 0001 2224 9580
(Transfer from service .-__.,
PS Form 3811. Februarv 2004 Domestlc Return RPPPint inososso_KA_i-
UNITED STATES POSTAL SERVICE
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• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water
Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard suite250
Raleigh,NC 27604
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