20080965 Ver 2_Notice of Withdrawal_20090127

?F W'4 TF,g Beverly Eaves Perdue, Governor
O? QG
? Dee Freeman, Secretary
co r North Carolina Department of Environment and Natural Resources
Q Coleen H. Sullins, Director
Division of Water Quality
January 27, 2009
DWQ EXP # 08-0965v2
Lincoln County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Ken Beuley
TKC CXXVIII, LLC
5935 Carnegie Boulevard, Suite 200
Charlotte, NC 28209
Subject Property: Crate and Barrel Distribution Center
NOTICE OF WITHDRAWAL-EXPRESS REVIEW PROGRAM
On June 26, 2008, the Division of Water Quality (DWQ) issued a 401 Water Quality Certification to you
to place fill or otherwise impact 0.012 acre of wetland and 820 linear feet of an unnamed tributary to
Larkard Creek in order to construct the "Crate and Barrel Distribution Center" in Lincoln County. In
order to meet the Stormwater Management Condition (Condition #2) of the Certification for this project,
the 401 Oversight/Express Permitting Unit of the DWQ received a request from Mr. Mansour Edlin of
Mansour Edlin Consulting & STV/RWA, Charlotte, for acceptance into the Express Review Program.
An Express Review Acceptance Letter was then issued to you on July 25, 2008 and a pre-application
meeting subsequently held on August 8, 2008. A period of six (6) months has passed since the date of the
acceptance letter, and no application package or written request for extension of submission date has been
received from you or your authorized agent. As a result, we are withdrawing your application from the
Express Review Program. Should you choose to pursue the Stormwater Management Plan (SMP)
Application for the subject project, you may reapply and resubmit through the regular 401/Wetlands
Program. You may be given a second chance to submit through the Express Review Program only when
it can be determined through another pre-application meeting that your Stormwater Management Plan is
complete, at which point you will be required to complete and submit a new Initial Interest Form.
Please be aware that your 401 Certification requires you to meet all applicable conditions listed therein,
including the SMP Condition, before any impact must occur, or prior to the construction of permanent
facilities, or occupancy of any building on site. Violating any of these conditions will result in violation(s)
of North Carolina General Statutes and Administrative Code, and may be subject to civil penalty
assessments of up to $25,000.00 per day per violation.
Please be advised that a compliance inspection will be conducted by our regional staff, and if it is
determined that any violation(s) has/have occurred, recommendations for enforcement shall be sent to the
Director of the DWQ for appropriate action.
Please contact Joseph Gyamfi, Lia M. Gilleski or Cyndi Karoly at [phone] if you have any
questions regarding, or would like to set up a meeting to discuss, this matter.
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://h2o.enr.state.nc.us/ncwetlands
NhCarolina
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Nahrratly
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
SNIP Application Withdrawal
Crate and Barrel Distribution Center
Page 2 of 2
January 27, 2009
Sincerely, l
?? , Cyndi Karoly, Supervisor
401 Oversight/Express Review Program
CBK/jg
cc: Steve Chapin, USACE Asheville Regulatory Field Office
Alan Johnson/Barry Love, DWQ Mooresville Regional Office
File Copy
Matt Matthews, DWQ Wetlands and Stormwater Branch Manager
Frank Henry/Chris Estes, Estes Design, Inc., P. O. Box 79133, Charlotte, NC 28271
¦ 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:
TKC CXXV III,LLC
Attn: Mr. Ken Bueley
5935 Carnegie Boulevard suite 200
Charlotte, NC 28209
DWQ# 08-0965-v2-Lincoln
A. Signature
X ? Agent
? Addressee
B.\R,eceived(?y (Nntted Name) C. Date of Delivery
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 service1 7007 2560 0001 1381 5945
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ;
UNITED STATES_Pf? T?qL G
• 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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