20060973 Ver 3_Notice of Withdrawal_20090706

AN_
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 6, 2009
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Claude Mayo
Maevco Development, LLC
3051 Sunset Avenue
Rocky Mount, NC 27804
DWQ Project # 06-0973, Ver. 3
Nash County
Subject Property: Birchwood - AFTER-THE-FACT
Ut to Sapony Creek [030302,28-55-(5.5), WSIV, NSW]
RETURN OF APPLICATION
Dear Mr. Mayo:
On January 13, 2009, the Division of Water Quality (DWQ) received your After-The-Fact application dated
January 12, 2009, to fill or otherwise impact 0.293 acres of 404/wetland, and 0.00 square feet of Zone 1
Tar-Pamlico River basin protected riparian buffer, and 0.00 square feet of Zone 2 Tar-Pamlico River basin
protected riparian buffer, to construct the proposed residential development at the site. On February 20,
2009, March 24, 2009, June 4, 2009, and June 17, 2009, 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. On Jun 4, 2009, the DWQ received your response to our April
24, 2009, "Request For More Information" correspondence. You did not respond to the following requests
(restated below) from that correspondence.
1. Are there plans to develop the remaining areas of the site that do not show lot lines on the
submitted plans?
2. The stub for Preston Drive on the adjacent property provides access to the west side of the
Birchwood Homes sites. Please provide the final site plan for the west side of the development
along with any proposed wetland impacts.
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 fee.
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.
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: http://h2o.enr.state.nc.us/ncwetlands/
NorthCarolina
Natura!!tr
An Equal Opportunity 1 Affirmative Action Employer
Maevco Development, LLC
Page 2 of 2
July 6, 2009
Si e ely,
v
;Cylndi Karoly, Supervisor
Oversight/Express Review Permitting Unit
CBK/?m
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Jay Keller, Keller Environmental, 7921 Haymarket Lane, Raleigh, NC 27615
Filename: 060973 Ver3BirchwoodHomes(Nash)Retu rned_Application