20071806 Ver 1_Application Returned_20071212

O~QF W ATFi9PG Michael F. Easley, Governor
~ -y William G. Ross Jr., Secretary
~-- North Carolina Department of Environment and Natural Resources
~ ~
p ~ Coleen H. Sullins, Director
Division of Water Quality
December 12, 2007
DWQ Project # 07-1806
Johnston County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. R. Edwin Coleman, Jr.
East Village CTJ, LLC
UHF Development Group
304 Glenwood Avenue
Raleigh, NC 272603
Subject Property: East Village of Clayton
Ut to Neuse River [030402, 27-(38.5), WSIV, NSW]
RETURN OF APPLICATION
Dear Mr. Coleman:
On October 24, 2007, the Division of Water Quality (DWQ) received your application dated
August 20, 2007 to impact 0.1227 acres of 404/wetland, 801ineax feet of intermittent stream and
900 square feet of Zone 1 Neuse River basin protected riparian buffer and 3,020 square feet of
Zone 2 Neuse River basin protected riparian buffer to construct a commercial and residential
development. On December 10, 2007, the DWQ received additional information from you,
however, your application is being returned due to the following items:
1. Your Pre-Construction Notification application does not identify all the Nationwide
permits under which you wish to apply. Please contact the USACE to determine which
permit type(s) you should be applying under, i.e., NW29 and/or NW39, and NW12.
2. Your Pre-Construction Notification application does not reflect the omission of Stream
Impact A from the table in Section VI, No. 3, since you are reporting the stream at this
crossing was determined to be "less than intermittent", i.e., ephemeral by the DWQ.
3. Your Pre-Construction Notification application does not include the required stream
impact information within the table in Section VI, No. 3, for the proposed sewer line
crossing.
4. In response to our question, "Please indicate the diffuse flow provision measures on the
site plan following the wet detention ponds and submit diffuse flow provision measure
worksheets and a signed and notarized Operations and Maintenance", you replied, "All
Storm water detention facilities are outside of the riparian buffer zone and therefore the
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: [phone] /FAX [phone] /Internet: http://h2o.enr.state.nc.us/ncwetlands
None Carolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

East Village CTJ, LLC
Page 2 of 2
December 12, 2007
worksheets and Operations and Maintenance Agreement are not required, according to
1 SA ~VCAC 2B .0233. Also, it is not feasible to provide a signed and notarized
Operations and Maintenance Agreement at this time." Your first statement is inaccurate
and the signed and notarized Operations and Maintenance Agreement must be received
prior to issuance of your 401 Water Quality Certification. Please contact Annette Lucas,
Stormwater Engineer with NC DWQ, at 919-715-3425 with your questions regarding
these items.
Once you have redesigned your project to address the problems and inadequacies with your
application as it was submitted, 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 Statutes and Administrative Code. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at
919-733-1786 if you have any questions or concerns.
Sin rely
yndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Robin Maycock, Maycock Environmental, P.O. Box 27052, Raleigh, NC 27611-7052
Filename: 071806EastV illageOfClaytou(Johustou)Returued_Applicatiou