20080654 Ver 1_Application Returned_20080529

?O'F ?N A Tj 9 Michael F. Easley, Governor
?0 G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
p C Coleen H. Sullins, Director
Division of Water Quality
May 29, 2008
DWQ Project # 08-0654
Durham County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Jerry Owen
Ellington Place, LLC
6504 Falls of the Neuse Road, Suite 150
Raleigh, NC 27615
Subject Property: Ellington Place
Ut to Little Lick Creek [030401, 27-9-(0.5), WSIV, NSW]
RETURN OF APPLICATION
Dear Mr. Owen:
On April 8, 2008, the Division of Water Quality (DWQ) received your application dated April 3, 2008,
with additional information received from you on March 25, 2008, to fill or otherwise impact 0.02 acres
of 404/wetland and 140 linear feet of intermittent stream to access an adjacent parcel at the site. On May
21, 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 April 24, 2008, Request for More Information correspondence to you regarding this
project, the DWQ. requested that you provide: "the location of any proposed stormwater
management practices as required by GC3705"; "(provide) plans and profiles for all the
stormwater management devices as required by GC3705"; "(indicate) the diffuse flow provision
measures on the site plan and submit diffuse flow provision measure worksheets and signed and a
notarized Operations and Maintenance Agreement"; and "(please) cul-de-sac( correspondence
stated culvert) or provide additional information regarding your "road to nowhere " located in
the northern portion of your site". The DWQ doe not typically authorize the citing of stormwater
management devices in streams. Furthermore, you indicated in Section XI of your PCN
application that the NCDENR and the City of Durham have approved your Stormwater
Management Plan (SMP). Please provide these approvals. Also, you did not provide the
-.requested information regarding the DWQ request for diffuse flow provision measures and a
signed and notarized Operations & Maintenance Agreement. Additionally, you will need to show
a cul-de-sac at the northern end of Spacious Skies Lane. Finally, in your resubmittal please
redesign your site plans to avoid impacts to onsite streams. Please note DWQ personnel-will be
performing a site visit in the next few weeks to conduct onsite intermittent/perennial stream
determinations in regards to 404/401 permitting.
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.
One
NhCarolina
401 Oversight/Express Review Permitting Unit Vatmrally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httn:Hh2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Ellington Place, LLC
Page 2 of 2
May 29, 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 McM*11at 919-733-1786 if you have
any questions or concerns. An
Si
ely
yndi Karoly, Supervisor
Ot-?4101 Oversight/Express Review Permitting Unit
cc: Lauren Witherspoon, DWQ Raletgh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Brent Manning, LMG, Inc., P.O. Box 2522, Wilmington, NC 28402
Filename: 080654EIlingtonPlace(Durham)Returned_Applicadon
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
Ellington P1ace,LLC
Attn; Mr. Jerry Owen
6504 Falls of the Neuse Road
Ste. 150 Raleigh,NC 27615
DWQ# 08-0654-Durham
A. Si re
X -- ; l Agent
= ? Addre.
Veceived by (Printed Na ) C. Date f D
V
D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
3. S rvice Type
Certified Mail ? Express Mail
Registered Return Receipt for Merchandise
? Insured Mail C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(Transfer from service 7007 2560 0001 1382 0062
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
UNITED STATES POSTAL SERVICE
LISPS
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water
(duality
401 Oversight/Express Unit
2321 Crabtree Boulevard suite250
Raleigh,NC 27604
First-Class Mail
Postage & Fees Paid
Permit No. G-10
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