20070666 Ver 2_Application Returned_20080428

~~~~~~~ p Michael F. Easley, Governor
~ William G. Ross Jr., Secretary
1-- North Carolina Department of Environment and Natural Resources
O j~- ,C. Coleen H. Sullins, Director
Division of Water Quality
April 28, 2008
DWQ Project # 07-0666, Ver. 2
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Broughton Properties
P.O. Box 464
Raleigh, NC 272602
Subject Property: Oak Forest Road Extension
Ut to Perry Creek [030402, 27-25-(2), C, NSW]
RETURN OF APPLICATION
Dear Sir or Madam:
On November 9, 2007, the Division of Water Quality (DWQ) received your application dated
November 8, 2007 to impact 1371inear feet of perennial stream and 7,486 square feet of Zone 1
Neuse River basin protected riparian buffer and 4,297 square feet of Zone 2 Neuse River basin
protected riparian buffer to construct the proposed road through the site which is to be developed
as a mixed-use development. On November 15, 2007 and March 20, 2008, the DWQ received
additional information from you, however, your application remains unacceptable due to the
following items:
1. The February 19, 2008 request for more information on this project stated: "If the level
spreaders cannot be relocated to an area with appropriate filter strip slopes, then they will
have to be replaced by a BMP that removes a minimum of 85 percent TSS and 30 percent
TN and TP from the entire drainage area." The current submittal continues to propose a
level spreader in an area with inappropriate filter strip slopes.
2. The Required Items Checklist for the proposed bioretention cell requires the submittal of
a section view of the bioretention area, which was not included in the submittal. Item 3
of the DWQ's February 19,'20081etter on this project stated: "Failure to provide the
complete form and ALL of the required items will result in a return of application."
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.
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
N ~`hCarolina
~atura!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper

Broughton Properties
Page 2 of 2
Apri128, 2008
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.
cc
Sin ly
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
CH Engineering/Maha Chambliss, P.O. Box 30128, Raleigh, NC 27622
Filename: 070666Ver20a kForestRoadExt(Wake)Returoed_Applicatiou3