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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 16, 2006
DWQ Project # 05-2070
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Michael Whitehead
MacGregor Development Company
201 Sannon Oaks Circle, Suite 201
Cary, NC 27511
Subject Property: Weavers Pond Subdivision
Beaverdam Creek [030402, 27-27, C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Whitehead:
On November 16, 2005, the Division of Water Quality (DWQ) received your application dated
November 16, 2005, to impact 0.494 acres of wetland, 237 linear feet of stream and 21,632
square feet of Zone 1 protected Neuse River basin riparian buffer and 14, 435 square feet of
Zone 2 protected Neuse River basin riparian buffer to construct the proposed residential
subdivision. On February 14, 2006, the DWQ received additional information from you.
However, the DWQ has determined that your application remains 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 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:
1. The DWQ still maintains that the road crossing labeled as "Road D - Crossing #3" on the
plans does not appear to be necessary for development of the site as currently proposed.
Please eliminate the road crossing and submit revised plans for this area. Additionally, in
your correspondence to the DWQ dated February 14, 2006, you indicated, "this crossing
is needed for internal connectivity, to insure safety due to the number of lots served and
to accommodate future development to the northern portion of the property." Based on
the submitted plans, the DWQ believes this impact and the impact labeled "Future
Impact" to be unnecessary. The DWQ also has concerns with cumulative impacts
associated with the "Future Development", and avoidance and minimization issues with
the citing of lots adjacent to the pond located within the "Future Development" area.
IVQ?thCarolia
401 Oversight/Express Review Permitting Unit 11 IIZA;
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 / Internet: httv://h2o.enr.state.nc.us/ncwettands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
MacGregor Development Company
Page 2 of 2
February 16, 2006
Please contact the DWQ within three weeks of the date of this letter to verify that you have
received this letter and that you remain interested in continuing to pursue permitting of your
project and will be providing the DWQ the requested information at a later date. Please contact
me in writing and Eric Kulz of the DWQ Raleigh 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 discuss this matter.
Sin ely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Aaron Cooper, Soil and Environmental Consultants, P.A., 11010 Raven Ridge Road, Raleigh, NC
27614
Filename: 052070WeaversPondSD(Wake)On_Hold2
DWQ # 05-2070 Weavers Pond Subdivision
Subject: DWQ # 05-2070 Weavers Pond Subdivision
From: Laurie Dennison <laurie.j.dennison@ncmail.net>
Date: Thu, 16 Feb 2006 16:25:56 -0500
To: mwhitehead@macgregordev.com, acooper@sandec.com
Please see attached the Division of Water Quality's request for more information
related to your recent application. Please note that this message is being forwarded
to you electronically so that you may expedite preparation of your response. Please
do not send your response as a reply to this e-mail or via fax. The hard copy is
being sent via US Mail. All response correspondence is to be mailed via hard copy to
the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604
unless otherwise noted.
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