20040108 Ver 2_Application Returned_20080229

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
February 29, 2008
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
McCar Homes
Attn: Mr. Ryan Shirley
15401 Weston Parkway, Suite 175
Cary, NC 27513
Subject Property: Miramonte Greenway
UT to Middle Creek [030202, 27-43-15-(1), C, NSW]
RETURN OF APPLICATION
Dear Mr. Shirley:
DWQ Project # 04-0108v2
Wake County
On February 6, 2008, the Division of Water Quality (DWQ) received your application dated February 6,
2008 with additional information received by DWQ on February 25, 2008, to fill or otherwise impact
3,095 square feet of Zone 1 of Zone 1 Neuse River basin protected riparian buffers and 2,391 square feet
of Zone 2 Neuse River basin protected riparian buffers to construct the proposed greenway trail at the
subject property. The DWQ has determined that your application remains incomplete and/or provided
inaccurate information as discussed below.
1. In the February 14, 2008, Request for More Information on this project, the DWQ requested that
you reduce the width of the proposed greenway trail to reduce or minimize the impacts to the
protected riparian buffer. In your response dated and received by DWQ on February 25, 2008,
you stated that ADA and FHWA/AASHTO standards require the greenway to be ten (10) feet in
width. Upon discussion with a representative with ADA on February 28, 2008, DWQ learned that
ADA standards do not apply to outdoor recreational greenway trails. DWQ was instructed by the
ADA representative to use the "Accessibility Guidebook for Outdoor Recreation and Trails that is
published by the USDA Forestry Service. In this document the design criteria for trail widths are
discussed. The minimum trail width can be 36 inches (3 feet) with a maximum width of 60 inches
(5 feet).
For this reason 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
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
No e hCarolina
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McCar Homes
Page 2 of 2
February 29, 2008
Administrative Code. Please call Ms. Cyndi Karoly or Ms. Amy Chapman at 919-733-1786 if you have
any questions or concerns.
Si er ly,
Cyndi Karoly, Supervisor
401 OversightBxpress Review Permitting Unit
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Nikki Thomson, S&EC, 11010 Raven Ridge Rd, Raleigh, NC 27614
Filename: 040108v2Mira monteGreeuway(W a ke)Returoed_Application