20080629 Ver 1_Application Returned_20080410

~~~ W'~rF9Q Michael F. Easley, Governor
~C7 G William G. Ross Jr., Secretary
~ r North Carolina Department of Environment and Natural Resources
~ ~
p ~ Coleen H. Sullins, Director
Division of Water Quality
April 10, 2008
DWQ Project # 06-0629
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Cecil E., II and Lorna J. Emerson
4708 Linaria Lane
Fuquay-Varina, NC 27526
Subject Property: Emerson: 4708 Linaria Lane
Ut to Middle Creek [040302, 18-16-1-(1), C]
RETURN OF APPLICATION
Dear Sir or Madam:
On Apri13, 2008, the Division of Water Quality (DWQ) received your application dated April 1,
2008, to fill or otherwise impact 0.00 square feet of Zone 1 Neuse River basin protected riparian
buffer, and 58 square feet of Zone 2 Neuse River basin protected riparian buffer to construct the
proposed retaining wall subdivision at the site. The DWQ has determined that your application
was incomplete and/or provided inaccurate information as discussed below. If you choose to
reapply please address the following:
1. You have proposed to impact 58 square feet of Zone 2 to construct a retaining wall at the
site. This proposed activity will require a Minor Variance from the DWQ. If you still
want to pursue this project you may with reapply with the DWQ 401 Wetlands Permitting
Unit for a Minor Variance.
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 Administrative Code. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at
919-733-1786 if you have any questions or concerns.
Sin ely,
~/
Cyndi Karoly, Supervisor
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: httn //h2o.enr.state.nc.us/ncwetlands
N ~ChCarolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/]0% Post Consumer Paper

Cecil E., II and Lorna J. Emerson
Page 2 of 2
April 10, 2008
401 Oversight/Express Review Permitting Unit
Enclosures: Minor Variance Application
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Filename: 080629Emerson4708LinariaLane(W ake)Returned_Application