20160875 Ver 1_Clarification of WQC Written Decision_20161212

Burdette, Jennifer a
From: Hauser, Jennie <[e-mail]>
Sent: Monday, December 12, 2016 12:23 PM
To: Burdette, Jennifer a
Cc: Weaver, Adriene; [e-mail]
Subject: RE: Petition for Variance from 15A NCAC 2B .0233 Neuse River Riparian Area
Protection Rules by Belinda R. Keever
That sounds perfect. Thanks for letting me know.
Jennie Wilhelm Hauser
Special Deputy Attorney General
P.O. Box 629
Raleigh, N.C. 27602-0629
919.716.6600
IMPORTANT: This e-mail message is intended solely for the individual or individuals to whom it is addressed. It may
contain confidential attorney-client privileged information and attorney work product information. If the reader of this
message is not the intended recipient, you are requested not to read, copy, or distribute the message or any of the
information contained in the message. Any information not protected by attorney-client privilege may be subject to
North Carolina Public Records Act requests (N.C. Gen. Stat. Section 132.1, et seq.) Please delete the message immediately
if you are not the intended recipient and notify the Attorney General's Office by return e-mail or by telephone (919) 716-
6600.
From: Burdette, Jennifer a[mailto:[e-mail]]
Sent: Monday, December 12, 2016 12:21 PM
To: Hauser, Jennie
Cc: Weaver, Adriene; [e-mail]
Subject: RE: Petition for Variance from 15A NCAC 2B .0233 Neuse River Riparian Area Protection Rules by Belinda R.
Keever
Jennie,
I did not catch the "if determined by the Division part." In that case, I will just write my approval letter without
a requirement for stormwater treatment.
Thank you,
Jennifer
Jennifer Burdette
401/Buffer Coordinator
Division of Water Resources - 401 & Buffer Permitting Branch
Department of Environmental Quality
919 807 6364 office
[e-mail]
1617 Mail Service Center
Raleigh, NC 27699-1617
(Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - 9t" Flr Archdale Bldg — Room 942F)

Email C:'orretil'.)ol?"'{,ence to and ii`orn thio; a('{"'{I`ess o; sut yect to t1he
Pv'odhl Carolina Public Records L w and 1`Y7ay be ftl`ii:'losed to tr"bird I'.'s'ai{`fes,
From: Hauser, Jennie [ma ilto:[e-mail]]
Sent: Monday, December 12, 2016 12:12 PM
To: Burdette, Jennifer a <[e-mail]>
Subject: RE: Petition for Variance from 15A NCAC 2B .0233 Neuse River Riparian Area Protection Rules by Belinda R.
Keever
Dear Jennifer:
I tried to "finesse" the mitigation component of the decision document given the Water Quality Committee's vote since it
really only referenced the mitigation credits. The application contained the rain gardens.
As you point out, the finding of fact does not contain rain gardens. On page six, the Order references the two rain gardens
"if it is determined by the Division of Water resources that [the development] create[s] stormwater impacts which require
mitigation." Given that DWR has determined such treatment is not required, there is nothing in the decision that would
require the rain gardens.
I do not think that anything needs to change in the order, but I am certainly willing to discuss that with you. Just give me a
call.
Jennie Wilhelm Hauser
Special Deputy Attorney General
P.O. Box 629
Raleigh, N.C. 27602-0629
919.716.6600
IMPORTANT: This e-mail message is intended solely for the individual or individuals to whom it is addressed. It may
contain confidential attorney-client privileged information and attorney work product information. If the reader of this
message is not the intended recipient, you are requested not to read, copy, or distribute the message or any of the
information contained in the message. Any information not protected by attorney-client privilege may be subject to
North Carolina Public Records Act requests (N.C. Gen. Stat. Section 132.1, et seq.) Please delete the message immediately
if you are not the intended recipient and notify the Attorney General's Office by return e-mail or by telephone (919) 716-
6600.
From: Burdette, Jennifer a[mailto:Jennifer.BurdetteC�ncdenr.Qov]
Sent: Monday, December 12, 2016 12:03 PM
To: Shaw, Denise; Hauser, Jennie
Cc: Weaver, Adriene; baprill9Ca)aol.com
Subject: RE: Petition for Variance from 15A NCAC 2B .0233 Neuse River Riparian Area Protection Rules by Belinda R.
Keever
Jennie & Denise,
Thank you for the WQC's written decision of the subject request. However, the decision includes a condition to
install two rain gardens. After the application was submitted, Division staff determined that stormwater

treatment was not required for the project. Attached is the findings of fact (FOF) that does not include a
condition to install rain gardens. Although the FOF lists a condition to provide buffer mitigation, the
Commission approved the major variance request without requiring mitigation. The decision will need to be
revised to remove the requirement to install two rain gardens. Please let me know if you have any questions
about the Committee's proceedings on this request.
Thanks,
Jennifer
Jennifer Burdette
401/Buffer Coordinator
Division of Water Resources - 401 & Buffer Permitting Branch
Department of Environmental Quality
919 807 6364 office
iennifer.burdetteQncdenr.gov
1617 Mail Service Center
Raleigh, NC 27699-1617
(Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - 9t" Flr Archdale Bldg — Room 942F)
Email C:'or etil'.)onclence to and ii`orn thio; address o; sutYect to t1he
P,Iodhl Carolina Public Records L w and 1`Y7ay be disclosed to thloi d I'.'s' dies,
From: Shaw, Denise [mailto:[e-mail]]
Sent: Tuesday, December 06, 2016 2:30 PM
To: [e-mail], [e-mail], Zimmerman, Jay <[e-mail]>, Higgins, Karen
<[e-mail]>, Burdette, Jennifer a <[e-mail]>, Weaver, Adriene
<[e-mail]>, Thomas, Lois <[e-mail]>, [e-mail]
Cc: Hauser, Jennie <[e-mail]>, Shaw, Denise <[e-mail]>
Subject: Petition for Variance from 15A NCAC 2B .0233 Neuse River Riparian Area Protection Rules by Belinda R. Keever
Attached is an electronic copy of the Cover Letter and Decision Granting Major Variance with Conditions which our office
forwarded by US Mail today. Please let Jennie Hauser know if you have any difficulty opening the attachments. Thank
you.