20080867 Ver 2_Notice of Withdrawal_20090316

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 16, 2009
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Michael Coates
Mr. Daniel Coates
Crossroads Development Company
12400 NC Highway 50 North
Willow Spring, NC 27592
DWQ Project # 08-0867, Ver. 2
Johnston County
Subject Property: Millstone Ridge Subdivision
Ut to Hooks Branch - Black Creek [030404, 27-45-4, C, NSW]
RETURN OF APPLICATION
Gentlemen:
On November 25, 2008, the Division of Water Quality (DWQ) received your revised application dated May
20, 2008, with additional information received from you on February 12, 2009, to fill or otherwise impact
0.222 acres of 404/wetland, 107 linear feet of perennial stream, and 5,750 square feet of Zone 1 Neuse
River basin protected riparian buffers and 2,446 square feet of Zone 2 Neuse River basin protected riparian
buffers, to the proposed residential development at the site. Your response to our On December 16, 2008,
"Request For More Information" correspondence to you was inadequate as outlined below.
1. Many of the proposed scour holes continue to be placed adjacent to filter strips that exceed the
maximum allowable slopes for these devices (two percent). The filter strip for a diffuse flow
device extends from the outlet of the device to the top of bank for the receiving stream.
2. The DWQ could not locate the newly proposed level spreader that was mentioned in the
transmittal letter for the resubmittal. A Level Spreader Supplement Form with all required items
was not provided for the newly proposed level spreader.
Per the BMP Manual, a grass swale is not an appropriate device to meet diffuse flow
requirements.
4. The DWQ was not able to locate the regrading plan for Level Spreader Number 1 in your
resubmittal. This regrading plan should have been accompanied by a revised Level Spreader
Supplement Form with all required items.
5. The previous request for more information letter stated that Level Spreaders Number 2 and 3
were directing stormwater toward the road fill slope and requested that this situation be corrected.
Since the limits of grading for the road were not shown in the resubmittal, the DWQ cannot
determine whether the revised location for these level spreaders has met this request.
401 Oversight/Express Review Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 No, hCarolina
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
An Equal Opportunity \ Affirmative Action Employer
Crossroads Development Company
Page 2 of 2
March 16, 2009
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 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
And a
01 Oversight/Express Review Permitting Unit
CBK/ijm
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Daniel J. Bliley, Daniel J. Bliley Soil & Land Use Consultant, Inc., 614 South Second Street,
Smithfield, NC 27577
Filename: 080867 V er2MillstoneRidgeSD(Joh nston)Retu rned_A ppl ica tion
¦ Complete items 1, 2, and 3. Also complete
.gym 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:
Michael Coates - Daniel Coates
Crossroads Development Co
12400 NC Hwy 50 N
Willow Spring NC 27592
DWQ 08-0867 V2 Johnston County
A. S' nature
A. Agent
I
? Addressee
B. Rgceived by (Printed Name) C. Date of Delivery
D. Is delivery address diff e from item 1? ? Yes
If YES, enter deliveT'address below:', ? No
l
3. Service Type
'0 Certified Mail ? Express Mail
? Registered ? Return Receipt for Merchandise
? Insured Mail C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(rransfer from service !anal) 7007 25600001 1381 0582
PR Fnrm 3811 FAhnlarv 2Dt14 Domestic Return ReceiDt 102595-02-M-1540
UNITED STATES POSTAL SERVICE
LISPS
• 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 8 Fees Paid
Permit No. G-10