20000900 Ver 1_More Info Received_20001206

THOMAS C. WORTH, JR.
Attorney
Certified Mediator
Capital Club Building
16 West Martin Street, Suite 700
Post Office Box 1799
Raleigh, North Carolina 27602
Phone: [phone] Fax: [phone]
[e-mail]
December 4, 2000
Mr. John Dorney
Mr. Todd St. John
North Carolina Department of Environment
and Natural Resources
Wetlands/401 Unit
4401 Reedy Creek Road
Raleigh, North Carolina 27607
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VIA U. S. MAIL AND
FACSIMILE - 733-9959
RE: Pending Variance Request - 7400 Hilburn Drive, Raleigh, N. C.
Clients: Mr. and Mrs. John Adams
Dear Mr. Dorney and Mr. St. John:
In connection with the above referenced matter I request in behalf of Mr. and Mrs. Adams
that this matter be placed upon the Agenda of the Water Quality Committee for its December 13,
2000 meeting which I understand will commence at 12:00 noon. At such time as this Agenda has
been prepared I would appreciate a copy.
As Mr. Dorney is aware as a result of conversations with the Adams' consultant, Mr. Kevin
Martin of Soil & Environmental Consultants, Inc., the Adams are now making a mitigation
commitment which has both site restoration and monetary components. Specifically as shown upon
the attached graphic prepared by Mr. John Y. Phelps, Registered Surveyor, the Adams are
committed to restore 1823 square feet of onsite buffer area as directed by Division Staff and to
make a payment into the Riparian Buffer Mitigation Fund as calculated by Staff after your
determination of the proper credit for onsite restoration. I am attaching a portion of the preliminary
plat prepared by Mr. Phelps which confirms that 1823 square feet of area is available for onsite
restoration. Please recall that this Lot 1 resulted from a Recombination of property owned by Mr.
and Mrs. Adams in accordance with the Raleigh City Code, not from a Subdivision of Adams
property.
I will appreciate it if you will make available for the Water Quality Committee at the
December Hearing the large plat entitled "Preliminary Subdivision -Grove Barton Subdivision"
which, though undated, shows ten revision dates commencing March 12, 1996 to and including July
23, 1997. I will also appreciate it if you will provide to the members of the Water Quality

Mr. John Dorney
Mr. Todd St. John Page 2 December 4, 2000
Committee reduced copies of this plat but if this course of action is not entirely convenient to Staff
please so inform me and I will have this done in order that these reduced copies will be available for
distribution immediately prior to the hearing.
The bound request package prepared by Innovative Design, Inc. dated September 13, 2000
has been previously provided to you, however, if additional copies are needed for Staff or for the
Committee please so advise me or alternatively Mr. Mike Nicklas or Mr. Lou Gerics of Innovative
Design and additional copies will be hand delivered pursuant to your direction. This bound report
is very important in this case as, as staff has previously acknowledged, it confirms nitrogen removal
to compensate for the loss of nutrient removal functions of the buffer proposed to be impacted. Of
course with the now proposed onsite restoration, nitrogen removal will be further enhanced.
It remains our hope that Division Staff will review its position in this matter as we do not
believe that Mr. and Mrs. Adams have created this hardship.
Thank you for your assistance in this matter.
Sincerely,
~~`
Thomas C. orth, Jr
TCWjr/amc
cc: Mr. and Mrs. John Adams (via facsimile - 788-9301)
Mr. Kevin Martin (via facsimile - 846-9467)
Mr. Mike Nicklas (via facsimile - 832-3339)
Mr. John Phelps (via facsimile - 787-6727)

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