20080067 Ver 1_Application Returned_20080207

~OF W ATFR p Michael F. Easley, Governor
`~ L!i William G. Ross Jr., Secretary
Cq r~'.. North Carolina Department of Environment and Natural Resources
~ ~
p .,~ Coleen H. Sullins, Director
Division of Water Quality
February 7, 2008
DWQ Project # 08-0067
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Jeffrey Smerko
North Broad Street, LLC
14600 Weston Parkway
Cary, NC 27513
Subject Property: Alston Pond/North Broad Street
Ut to Basal Creek [030403, 27-43-15-3, B, NSW]
RETURN OF APPLICATION
Dear Mr. Smerko:
On January 8, 2008, the Division of Water Quality (DWQ) received your application dated
January 8, 2008, to fill or otherwise impact 0.06 acres of 404/wetland, 1961inear feet of
perennial stream (1471inear feet permanent impact and 49 linear feet temporary impact), and
8,999 square feet of Zone 1 Neuse River basin protected riparian buffers and 5,210 square feet of
Zone 2 Neuse River basin protected riparian buffers to construct the proposed residential
development. On February 5, 2008, 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.
1. In the January 15, 2008 Request for More Information on this project, the DWQ requested
that you, "Please cul-de-sac stub roads or provide plans showing the entire road." All of
this requested information was not included in your February 5, 2008, submittal.
Additionally, we understand that the Town of Fuquay-Varina will be requesting the road
located in the southern portion of the site be expanded to a four-lane road and we therefore
please provide details on the proposed road eastward from the intersection with NC
Highway 55. Please clearly discuss and provide plans indicating where the road terminates
and what type and size of road you are proposing (dimensions, divided, two or four lane,
etc.).
2. Please provide the Design Summary portion of the BMP Supplement Sheet for each
proposed best management practice that will be used on the site, as well as 1" = 60' scale
or larger site plans depicting the proposed footprints of the BMPs. The BMP Supplement
Forms are available on the DWQ web site at: http://h2o.enr.state.nc.us/su/bmp forms.htm.
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
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North Broad Street, LLC
Page 2 of 2
February 7, 2008
For these reasons your permit application is hereby considered returned. 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.
Sinc ly,
Cyndi. Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
Jamie Shern, USACE Raleigh Regulatory Field Office
File Copy
Central Files
Luke Tuschak, Withers & Ravenel, 111 MacKenan, Cary, NC 27511
Filename: 080067AIstonPondNorthBroadStreet(W ake)Returned_Application