20061666 Ver 1_Withdrawal Letter_20070104

~~OF W ATF9©G Michael F. Easley, Governor
~ William G. Ross )r., Secretary
~ r North Carolina Department of Environment and Natural Resources
~ ",)
O -~ Alan W. Klimek, P.E. Director
Division of Water Quality
January 4, 2007
DWQ Project # 06-1666
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Montclair, LLC
8368 Six Forks Road, #202
Raleigh, NC 27615
Subject Property: Rosemoor Subdivision
UT to Black Creek [030404, 27-45-(2), C, NSW]
WITHDRAWAL OF APPLICATION
Dear Sir or Madam:
On October 19, 2006, the Division of Water Quality (DWQ) received your application dated October 18, 2006, to
impact 0.4084 acres of wetland and 0.00 square feet of Zone 1 Neuse River basin protected riparian buffers and 0.00
square feet of Zone 2 Neuse River basin protected riparian buffers to construct the proposed residential subdivision.
On December 29, 2006, the DWQ received additional information from you, however, you did not address item No.
5 from the October 25, 2006 "Request For More Information" which requested, "Please clarify Level Spreaders No.
12's position and placement relative to rip rap dissipater at invert out at Lots Nos. 94 and 95, and also at Level
Spreader No. 1 and Level Spreader No. 2." and the lengths of Level Spreader No. 1 and Level Spreader No. 2 are
too long -the maximum should be 130 feet. The maximum discharge of these is also high. Additionally, you will
need to provide documentation of DWQ stream determinations for intermittent/perennial status of onsite streams.
For these reasons your permit application is hereby considered withdrawn. Should you choose to reapply, we
strongly encourage you to arrange apre-application with DWQ staff so we may assist you and help you to submit a
complete application. Additionally, 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, and your level spreader designs must utilize the
new DWQ guidelines effective January 1, 2007.
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 91 - 33-1786 if you have any
questions or concerns.
rely,
~~ ~~~
Cyndi Karoly, Supervisor
01 Oversight/Express Review Permitting Unit
cc: Mike Horan, DWQ Raleigh Regiona ffice
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Sean Hein, Blackburn Consulting Engineering, 234 East Main Street, Clayton, NC 27520
Filename: 061666RosemoorSD(W ake)Withdrawal
Nom` Carolina
401 Oversight/Express Review Pennitting Unit ~ttlCQ!!y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
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