20090183 Ver 1_Application Returned_20090408

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
April 8, 2009
DWQ Project#2009-0183
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Marshall Davis
95 Clarkstown Road
Nanuet,NY 10954
Subject Property: The Landings Subdivision,3126& 3130 Groveshire Drive,Raleigh,NC
UT to Neuse River[030402, 27-(22.5), C,NSW]
RETURN OF APPLICATION
Dear Mr. Davis:
On February 20, 2009,the Division of Water Quality(DWQ)received your application dated February
19, 2009 to impact 156 square feet(ft)of Zone 2 protected riparian buffers for the purpose of installing
the proposed underground level spreader at the subject site. The DWQ has determined that your
application was still incomplete and/or provided inaccurate information as discussed below. The DWQ
will require additional information in order to process your application to impact protected buffers at the
subject property. Since this project was put on hold for additional information on March 5, 2009 and you
did not respond,we are returning your application. If you want to carry out this proposed impact, you
will need to reapply. If you want to reapply, please provide the following information so that we may
review your project.
Additional Information Requested:
1. Diffuse Flow
Per the requirements of the Neuse Riparian Buffer Rule,you must show that this site meets
diffuse flow requirements with a level spreader or other BMP per Chapter 8 of the BMP Manual
(see http://h2o.enr.state.nc.us/su/bmp_forms.htm). Your underground level spreader is not
approvable by DWQ since it will not provide diffuse flow. Please redesign your level spreader to
comply with DWQ's BMP Manual. You must submit the applicable worksheets and O&M
agreement for the level spreader with your redesigned plans.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters or
protected buffers. Please be aware that any impacts requested within your application are not authorized(at
401 Oversight/Express Review Permitting Unit One
1650 Mail Service Center,Raleigh,North Carolina 27699-1650 NorthCarolina
Location:2321 Crabtree Blvd.,Raleigh,North Carolina 27604 Naturally
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Phone:[phone] FAX:[phone] ��/ `
Internet:http://h2o.enr.state,nc.us/ncwetlands/
An Equal Opportunity 1 Affirmative Action Employer

Marshall Davis
Page 2 of 2
April 8,2009
this time)by the DWQ. Please call Amy Chapman or Cyndi Karoly at 919-733-9721 if you have any
questions regarding or would like to set up a meeting to discuss this matter.
Since ly,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm/asc
cc: Lauren Witherspoon,DWQ Raleigh Regional Office
DLR Raleigh Regional Office
Jay Keller, Keller Environmental, 7921 Haymarket Lane, Raleigh,NC 27615
File Copy
Filename: 090183 TheLandingsSD(W ake)NBR_Return

■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. X k Agent
■ Print your name and address on the reverse ❑Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece, fj �R
or on the front if space permits. �M
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
Mr Marshall Davis
95 Clarkstown Rd
Nanuet NY 10954 ——
3. rvice Type
DWQ 09-0183 Wake County Certified Mail ❑ Express Mail
Registered P Return Receipt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
(Transfer from servicefabe 7008 3230 0003 1103 3873
PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540

UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
USPS
Permit No.G-10
• 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