20060466 Ver 4_Application Returned_20081117

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 17, 2008
DWQ Project # 06-0466, Ver. 4
Franklin County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
The Weisberger Group
1426 Wall Road
Wake Forest, NC 27587
Subject Property: Whispering Pines Subdivision
Ut to Cedar Creek [030301, 28-29-2, C, NSW]
RETURN OF APPLICATION
Dear Sir or Madam:
On November 12, 2008, the Division of Water Quality (DWQ) received your application dated
November 6, 2008, to fill or otherwise impact 0.0876 acres of 404/wetland, 146 linear feet of
perennial stream (133 linear feet permanent impact and 13 linear feet temporary impact);, and
11,363 square feet of Zone 1 Neuse River basin protected riparian buffers (9,132 .square feet
permanent impacts and 2,201 square feet temporary impacts) and 6,242 square feet of Zone 2
Neuse River basin protected riparian buffers (4,758 square feet permanent impacts and 1,484
square feet of temporary impacts) to construct the proposed residential development at the site.
On February 28, 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 Section XI Stormwater, you state, "At this point the stormwater system has not yet
been designed, so storm drainage details and worksheets are unavailable." The DWQ
must have this information to review your project. Additionally, your proposed wet
ponds alone will not be acceptable to meet 85 percent TSS and 30 percent nutrient
removal. They must be utilized in conjunction with level spreaders and filter strips.
Otherwise the ponds could be replaced with stormwater wetlands or bio-retention areas.
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.
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
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?/,1l2o.cnr.state. nc us/n wetlands
N""oh?Carolina
Natumlly
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper
The Weisberger Group
Page 2 of 2
November 17, 2008
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,
V
?Cyndi Karoly, Supervisor
'4101 Oversight/Express Review Permitting Unit
CBK/ijm
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Matt Matthews, DWQ Branch Manager
Thomas Spaulding, Spaulding & Norris, P.A., 972 Trinity Road, Raleigh, NC 27607
Filename: 060466Ver4WhisperingPinesSD(Franklin)ReturnOfApplication
Complete items 1, 21 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,
nr on the front if space permits.
1. Article Addressed to:
The Weisberger Group
1426 Wall Road
Wake Forest, NC 27587
DWQ# 06-0466-v4-Franklin
,. igna e ? Agent
? Addressee
11-eceived by (Printed Name) C. Date of Delivery
do
D. Is delivery address different from item 1? ? Ye
0 No
If YES, enter delivery address below:
------------
Service Type
Certified Mail ? Express Mail
Registered Return Receipt
F
for merchandise
0 Insured Mail C.O.D.
Restricted Delivery? (Extra Fee)
4. ? Yes
2 Article Number 8 3 0 0004 1353 581?
102595-02-M-1540
(Transfer from service 7 0 0 8 1
Domestic Return Rece pt
Gc Fnrm 3811. February 2004
UNITED STATES POSTAL
SERVICE Fist-Cr" ss'Mak,
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• 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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