20160285 Ver 1_USACE Correspondence_20160601

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
June 1, 2016
Regulatory Division/1200A
Action ID No. SAW-2016-00095 IpFin Q 6 2016
K. Hovnanian Homes of North Carolina, Inc.
Attn: Mr. Scott Johnson
3333 Regency Parkway, Suite 100
Cary, North Carolina 27610
Dear Mr. Johnson:
Reference your Individual Permit application for Department of the Army (DA)
authorization to discharge fill material into 0.97 acre of riparian, non-riverine wetlands and the
placement of fill material into a total of 262 linear feet of intermittent stream channel and 115
linear feet of perennial stream channel associated with the construction of 4 road crossings, lot
fill, sewer crossing, and greenway trail for the Oak Point residential subdivision. The proposed
project is located on the south side of Old Jenks Rd. before its intersection with Castleburg Road,
in Apex, Wake County, North Carolina. This permit application was considered complete on
March 10, 2016, resulting in the Public Notice issued on March 23, 2016, with a 30 day
comment period.
In accordance with 33 CFR Part 325.1(e) the applicant must provide additional information
as the district engineer deems essential to make a public interest review or determine compliance
with section 404(B)(1). Such additional information may include environmental data and
information on alternate methods and sites as may be necessary for the preparation of the
required environmental documentation.
By letter dated April 29, 2016, you were requested to provide a response to comments
received from: 1) One individual concerning the effects of this project on potentially hazardous
materials buried on site; 2) the North Carolina Wildlife Resources Commission concerning
impacts to natural resources; and 3) we requested clarification on certain items involving
floodplains, mitigation, greenway and roadway alignments, and an assessment of alternatives.
In our April letter we requested to receive the information listed above within 30 days of receipt,
or we would withdraw your application.

As of June 1, 2016, we have not received all the information summarized above. As such,
we are notifying you that your permit application request has been withdrawn. Please be aware
that once we receive all of the additional information requested, we will be able to continue
processing your permit application. Depending upon the date of receipt for this additional
information listed above, we may have to re -issue the public notice. If you have questions or
comments, please contact me at my Raleigh Regulatory Field Office address, telephone (919)
554-4884 ext. 32.
Sincerely,
ee
esLastinger
ulatory Specialist
Raleigh Field Office
Copies Furnished:
Mr. Robert Turnbull
Environmental Services, Inc.
4901 Trademark Drive
Raleigh, North Carolina 27610
Ms. Karen Higgins
401 Oversight/Express Review Permitting Unit
Division of Water Resources
Department of Environmental Quality
1617 Mail Service Center
Raleigh, North Carolina 27699
Ms. Jennifer Burdette
Division of Water Resources — 401 & Buffer Permitting Branch
Department of Environmental Quality
1617 Mail Service Center
Raleigh, North Carolina 27699