20090044 Ver 1_Notice of Withdrawal_20090212

A KXA
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 12, 2009
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Rick Benton
P.O. Box 33803
Raleigh, NC 27636
Subject Property: Woodford Manor
Ut to Moccasin Creek [030407, 27-86-2, C, NSW]
RETURN OF APPLICATION
Dear Mr. Benton:
DWQ Project # 09-0044
Franklin County
On January 9, 2009, the Division of Water Quality (DWQ) received your application dated January 9, 2009,
to fill or otherwise impact 163 linear feet of intermittent stream, and 96,059 square feet of Zone 1 Neuse
River basin protected riparian buffers and 10,726 square feet of Zone 2 Neuse River basin protected riparian
buffers, to construct the proposed residential development at the site. The DWQ has determined that your
application was incomplete and/or provided inaccurate information as discussed below.
1) Mr. Larry Vaughn, RLA met with Ms. Annette Lucas, PE of the DWQ 401 Oversight/Express Unit
on December 11, 2008 to discuss the diffuse flow requirements for this project. Ms. Lucas explained
the design and submittal requirements associated with the state's diffuse flow requirements in detail.
2) The submittal received on January 9, 2009 includes two Bioretention Cell Supplement Forms. Mr.
Vaughn initialed that he included all required items associated with the proposed bioretention cells,
including:
a) Plans (1 " - 50' or larger) of the entire site showing:
- Delineated drainage basins (include Rational C coefficient per basin),
- Cell dimensions,
- Pretreatment system,
- High flow bypass system,
- Maintenance access,
- Recorded drainage easement and ,public right of way (ROW),
- Clean out pipe locations,
- Overflow device, and
- Boundaries of drainage easement.
b) Plan details (V = 30' or larger) for the bioretention cell showing:
- Cell dimensions
- Pretreatment system,
- High flow bypass system,
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: hftp://h2o.enr.state.nc.us/ncwetiands/
Natural Resources
Dee Freeman
Secretary
NorthCarolina
'V
,./
An Equal Opportunity 1 Affirmative Action Employer
Mr. Rick Benton
Page 2 of 2
February 12, 2009
- Maintenance access,
- Recorded drainage easement and public right of way (ROW),
- Design at ultimate build-out,
- Off-site drainage (if applicable),
- Clean out pipe locations,
- Overflow device, and
- Boundaries of drainage easement.
c) Section view of the bioretention cell (1" = 20' or larger) showing:
- Side slopes, 3:1 or lower
- Underdrain system (if applicable), and
- Bioretention cell layers
d) A soils report.
e) A planting plan.
f) A construction sequence.
g) The supporting calculations.
NONE of these items have been provided.
3) The information provided about the level spreaders was also grossly inadequate. The submittal did
not include a Level Spreader Supplement Form for each level spreader. Instead, one partially
completely form was provided to collectively cover the numerous level spreaders proposed on this
site. Mr. Vaughn initialed that he had provided the following items:
a) Plans (1" - 50' or larger) of the entire site showing:
- Design at ultimate build-out,
- Off-site drainage (if applicable),
- Delineated drainage basins (include Rational C coefficient per basin),
- Forebay (if applicable),
- High flow bypass system,
- Maintenance access,
- Proposed drainage easement and public right of way (ROW), and
- Boundaries of drainage easement.
b) Plan details (1" = 30' or larger) for the level spreader showing:
- Forebay (if applicable),
- High flow bypass system,
- One foot topo lines between the level lip and top of stream bank,
- Proposed drainage easement, and
- Design at ultimate build-out.
c) A construction sequence that shows how the level spreader will be protected from sediment until
the entire drainage area is stabilized.
NONE of the above items have been provided.
4) The DWQ cannot conduct a review of this project until correct and complete information is provided
as requested.
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
Mr. Rick Benton
Page 3 of 3
February 12, 2009
Statutes and Administrative Code. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions or concerns.
CBK/ym
Si rely
Cyndi Ka
'401 Oversight/Express Review Permitting Unit
i
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Matt Matthews, DWQ Wetlands and Stormwater Branch Manager
Nicole J. Thomson, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 090044 WoodfordManor(Franklin)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:
Mr. Rick Benton
P.O. Box 33803
Raleigh, NC 27636
D WQ#09-0044-Franklin
.M
A. Sign re? !?
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B, ce d (Printe Na
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If YES, enter ve do
FEB 2 0 2009
?Q. Service Type
6- gent
? Addressee
C. Date of Delivery
from item 1? ? Yes
Pss below: ? No
Express Mail
Return Receipt for Merchandise
C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7008 3230 0003 5889 8619
(ftnsfer from sen
UNITED STATES POSTAL SERVICE

• 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
First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
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