20000900 Ver 1_Court Case Correspondence_20010116

~t~
THOMAS C. WORTH, JR.
Attorney
' ~;~~? , ' . Certified Mediator
~._ ,r.
B ~ ~r Capital Club Building
16 West Martin Street, Suite 700
Post Office Box 1799
~ iw ;~~ Raleigh, North Carolina 27602
"° """° Phone: [phone] Fax: [phone]
[e-mail]
January 16, 2001
VIA FACSIMILE (733-99591 AND U.S. MAIL
Mr. John Dorney
Mr. Todd St. John
Mr. Bob Zarzecki
North Carolina laepnrtment of >w nviranment
and Natural Resources
Wetlands/401 Unit
4401 Reedy Creek Road
Raleigh, North Carolina 27607
RE: Pending Variance Request - 7400 Hilburn Drive, Raleigh, NC
Clients: Mr, and Mrs. John Adams
Dear Messrs. Dorney, St. John and Zarzecki:
As I confirmed in my telephone conversation of Thursday, January 11, 2001 with Mr.
Zarzecki and as reiterated as Mr. Lou Gerics of Innovative Design in his follow-up conversations
the next day with Mr. Dorney and Mr. Jeff Manning of the Department, we do req_ nest on behalf
of Mr. and Mrs. Adams that this pending variance request be considered by the Water Quality
Committee at its meeting on Wednesday, February 7, 2001 commencing at 12:00 noon.
It is my understanding from Mr. Gerics that he has been informed that the all important
Variance Request, which has been pending since September, 2000, has been misplaced at the
Department and Mr. Gerics is striving mightily to assemble 20 copies of the Request as directed by
Mr. Dorney in order to place them in the hands of Mr. Zarzecki immediately. This bound report
which constitutes the Request is vital as it confirms nitrogen removal to compensate for the loss of
nutrient removal functions of the buffer proposed to be impacted. Of course, yesterday's Martin
Luther Icing Holiday has caused some delay on our part in assembling these materials as directed
last Friday.

Messrs Dorney, St. John and Zarzecki
.lanuary 16, 2001
Page 2
We will include with these materials being assembled by Mr. Gerics the required 20 copies
of the preliminary plat which was attached to my letter of December 4, 2000 to Messrs. Dorney and
St. John, which plat confirms that 1,823 square feet of area is available and proposed for on-site
restoration. As indicated in my letter of December 4, 2000, the subject Lot 1 results from a
Recombination rather than a Subdivision of Adams' property.
In closing I reiterate the request contained in my letter of December 4 that you make
available for the Water Quality Committee from your files the large plat entitled "Preliminary
Subdivision -Grove Barton Subdivision" which, through undated, shows ten revision dates
commencing March 12, 1996 to and including July 23, 1997. It is my request that the members of
the Committee be provided with reduced copies of this plat which we will provide if requested to
do so, as offered in my letter of December 4, 2000.
As I indicated in my conversation with Mr. Zarzecki last week, I hereby request a meeting
with Division Staff before the Committee meeting of February 7, to be attended by me and Mr.
Kevin Martin. Please advise as to your availability for this meeting.
'Chank you for assistance in this matter.
Sincerely,
~~
Thomas C. rth, Jr.
'CCWjr/It
cc: Mr. and Mrs. John Adams (via facsimile - 788-9301)
Mr. Kevin Martin (via facsimile -846-9467)
Mr. Mike Nicklas/Mr. Lou Gerics (via facsimile - 832-3339)
Mr. John Phelps (via facsimile - 787-6727)