20010016 Ver 2_Application Returned_20081027

?QF w A TF9p Michael F. Easley, Governor
`Q G William G. Ross Jr., Secretary
Uj North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
October 27, 2008
DWQ Project # 01-0016, Ver. 2
Johnston County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Fred Smith, Jr.
Fred Smith Company
400 Riverwood Drive
Clayton, NC 27520
Subject Property: Riverwood Athletic Club, Phase 7 (Badger Pass, Phase 7a)
Ut to Neuse River [030402, 27-(36), WSV, NSW]
RETURN OF APPLICATION
Dear Mr. Smith:
On September 18, 2008, the Division of Water Quality (DWQ) received your application dated
September 17, 2008, to fill or otherwise impact 189 linear feet of stream (169 linear feet permanent,
perennial stream impact and 20 linear feet temporary, intermittent stream impact) 8,726 square feet of
Zone I Neuse River basin protected riparian buffers and 8,024 square feet of Zone 2 Neuse River basin
protected riparian buffers to construct the proposed residential development at the site. On October 23,
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.
Your recent re-submittal did not contain all of the information requested in our September 23, 2008
Request for More Information letter to you. Specifically, you did not re-submit plans at a scale of no
smaller than 1 "=50' and you did not submit your level spreader information on the most current level
spreader worksheet. This includes showing all streams and buffers (with Zone 1 and Zone 2 clearly
identified) and using the BMP Manual spreadsheets with the required items checklist.
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.
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.
Sincerely,
- " ;')
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
Noe Carolina
401 Oversight/Express Review Permitting Unit Naturally
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
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper
Fred Smith Company
Page 2 of 2
October 27, 2008
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Matt Matthews, DWQ Branch Manager
James Dasher, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 010016Ver2RiverwoodAtheleticClubPhase7BadgerPassPhase7a(Johnston)Returned_Application
¦ 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.
1. Article Addressed to:
Fred Smith Company
Attn: Mr. Fred Smith, Jr.
400 Riverwood Drive
Clayton, NC 27520
D W Q#O 1-0016-v2-Johnston
A.
X ? Agent
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B. Rec ed (P nted Name C. p of ervery
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D. Is delive address different from item 1? Y s
If YES, enter delivery address below: ? o
3. Service Type
Certified Mail 4 Express Mall
Registered 1/a Return Receipt for Merchandise
? Insured Mail /A C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article
(Transfer from m service lei 7008 1830 0003 8753 2300
PS Form 3811, February 2004 Domestic Return Receipt 102595m-WI540
UNITED STAiii-0dtTAt-``SERVICE` First-Class tNai1;
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Permit No. 'G-1 d
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
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