20071888 Ver 1_Notice of Withdrawal_20081112

ot", W aT , Michael F. Easley, Governor
7 William G. Ross Jr., Secretary
1-- North Carolina Department of Environment and Natural Resources
'C Coleen H. Sullins, Director
Division of Water Quality
November 12, 2008
DWQ Project # 07-1888
Cumberland County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Joe Gillis
Gillis & Gillis, Inc.
8623 Galatia Church Road
Fayetteville, NC 28304
Subject Property: Blake Commons Subdivision
Rockfish Creek [030615, 18-31-23, C]
RETURN OF APPLICATION
Dear Mr. Gillis:
On November 7, 2007, the Division of Water Quality (DWQ) received your application dated
November 5, 2007, to fill or otherwise impact 0.36 acres of 404/wetland to construct the
proposed residential subdivision. On May 2, 2008, June 17, 2008, and October 7, 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. The
DWQ will require additional information in order to process your application to impact protected
wetlands and/or streams on the subject property.
RETURN. The Request for More Information Letter that the DWQ sent on June 19, 2008 stated:
"Please provide a BMP Supplement Form for each BMP that will be used on the site
(including both worksheets, Design Summary and Required Items Checklist), as well as
all of the required items. The BMP Supplement Forms are available on the DWQ web
site at: http://h2o.enr.state.nc.us/suibmp forms.htm. Failure to provide an appropriate
stormwater management plan in the next submittal will result in a return of application."
The resubmittal failed to include the Required Items Checklist and many of the required items.
1. When you resubmit, please address the following issues on the design of the wet
detention basin:
a. Check your calculation of the drainage area- it appears to be significantly smaller
than you have measured. However, the percent imperviousness for this drainage area
appears to be far greater than the 24 percent you have calculated it to be. This will
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://12o.enr.state.nc.us/ncwetlands
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Page 2 of 2
November 12, 2008
affect the pond sizing and the required SA/DA ratio. Please redesign the pond after
addressing the concerns about drainage area.
b. The vegetated shelf is too steep - the plans show a two-foot change in its ten foot
width (instead of the one-foot change that is required per the BMP Manual.) In
addition, please provide an appropriate planting plan for the vegetated shelf.
c. You must provide a soils report that documents the level of the seasonal high water
table (SHWT). The SHWT may not be lower than the proposed permanent pool
elevation of the wet detention pond.
2. In your resubmittal, please show the locations of every proposed stormwater discharge
point on the plans with a depiction of the drainage area of each outfall. General
Certification 3705 requires that you analyze the imperviousness of the land draining to
each stormwater outfall.
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.
Sincerely
cc:
OoLyndi Karoly, Supervisor
1 Oversight/Express Review Permitting Unit
Ken Averitte, DWQ Fayetteville Regional Office
Ronnie Smith, USACE Wilmington Regulatory Field Office
File Copy
Matt Matthews, DWQ Branch Manager
Hal Owen, Hal Owen & Associates, Inc., P.O. Box 400, Lillington, NC 27546
Filename: 071888BIa keCommonsSD(Cumberland)Returned_Application