20080859 Ver 1_Notice of Withdrawal_20090106

W A TFq Michael F. Easley, Governor
William G. Ross Jr., Secretary
C/} r North Carolina Department of Environment and Natural Resources
.C Coleen H. Sullins, Director
Division of Water Quality
January 6, 2009
DWQ Project # 08-0859
Carteret County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Nils Ladenburg
4628 N. Croatan Highway
Kitty Hawk, NC 27949
Subject Property: Audubon Village
Whitehurst Creek [030504, 21-35-1-12-2, SA, HQW]
RETURN OF APPLICATION
Dear Mr. Ladenburg:
On May 22, 2008, the Division of Water Quality (DWQ) received your application dated April 21, 2008, to fill or
otherwise impact 5.47 acres of 404/wetland (reduced to 3.88 acres of 404/wetland) to construct the proposed
residential and commercial development at the site. On December 10, 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. You did not adequately address Item Nos. 4 and 5 from our correspondence to you dated November 14,
2008. This Office will require your conceptual stormwater plan prior to issuance of the 401 Water Quality
Certification.
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.
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 Statu and Administrative
Code. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-1786 if you have a. questions or concerns.
Sinc ly,
yndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ jm
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Jay Keller, Keller Environmental, 7921 Haymarket Lane, Raleigh, NC 27615
Filename: 080859Audubon Village(Carteret)Returned_Application
NorthCarolina
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/10% Post Consumer Paper
¦ 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:
Mr. Nils Ladenburg
4628 N. Croatan Highway
Kitty Hawk, NC 27949
DWQ# 08-0859-Carteret
A.
? Agent
X ? Addressee
B. Received by (Printed Name) C. Date of Delivery
/- [.3 -09
D. Is delivery address different from item 1? ^Yes
If YES, enter delivery address below: ? No
3. S rvice Type
Certified Mail ? Express Mall
Registered Return Receipt for Merchandise
? Insured Mail C.O.D.
4. Restricted Delivery) (Extra Fee) ? Yes
2. Article Number
(Transfer from service) 7008 1300 0001 2224 9740
UNITED STATES POSTAL SERYIE ' µ""" -„ ,Fivst Gl ss"I ail,
e '"a
• Sender: Please print your name, address, and ZIP+ ~ir Ct-is box • `''
NC DENR Division ot'Water Ouality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
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