20090183 Ver 2_More Info Letter_20091026

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NCDEHR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
October 26, 2009
DWQ Project# 09-0183v2
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Carlton Group of North Carolina, LLC
Attn: Mr. Marshall Davis
95 New Clarkstown Road
Nanuet,NY 10954
Subject Property: The Landings SD Lots 135 and 136,Raleigh,NC
UT to Neuse River[030402,27-(22.5), C,NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Davis:
On September 14, 2009,the Division of Water Quality(DWQ)401 Oversight/Express Permitting Unit
received your application dated February 19, 2009 regarding your request for a Minor Variance from the
Neuse Buffer Rules(15A NCAC 2B .0233)for the subject property. DWQ is required to prepare a
"preliminary finding"/"finding of fact"as to whether the variance request meets the requirements of 15A
NCAC 02B .0233(9)(a). The DWQ may attach conditions to a variance approval that support the
purpose, spirit and intent of the riparian buffer protection program. Conditions usually include
stormwater management and buffer mitigation.
Additional information will be required before we can proceed with the review of your variance request.
Therefore, unless we receive the additional information requested below,we will place this project on
hold as incomplete until we receive this additional information. If we do not receive the requested
information,your project will be formally returned as incomplete.
Additional Information Requested:
1. Date of Purchase
Please provide documentation as to the date you purchased the property that includes 3126 and
3130 Groveshire Drive(Lots 135 and 136 of the Landings Subdivision) in Raleigh,NC.
2. Deficiencies in the Overall Concept: The application does not adequately explain why a
bioretention area between the two existing structures is infeasible. The DWQ is willing to
consider this possibility but appropriate supporting information must be provided. Given the
proximity of the stream and the proposal for a bypass structure in the ULS design,the assertion
that above-ground discharges must be avoided is inadequate.
401 Oversight/Express Review Permitting Unit One
1650 Mail Service Center,Raleigh,North Carolina 27699-1650 NorthCarohna
Location:2321 Crabtree Blvd.,Raleigh,North Carolina 27604 -Vatura!!�
Phone:[phone] FAX:[phone]
Internet:http://h2o.enr.state.nc.us/ncwetlands/
An Equal Opportunity 1 Affirmative Action Employer

Carlton Group of North Carolina, LLC
Page 2 of 2
October 26,2009
3. Deficiencies in the Level Spreader Design: Level spreaders(either conventional or underground)
may not be placed upslope of filter strips with grades steeper than six percent(wooded
vegetation)or eight percent(grass or thick ground cover). In addition, level spreaders may not be
placed upslope of a draw. The proposed site for the level spreader is inappropriate on both
counts.
4. Deficiencies in the Level Spreader Submittal: In order for the DWQ to consider permitting a
level spreader, a complete Level Spreader Supplement form with all required items included must
be provided. The DWQ is not able to conduct a detailed engineering review of the design based
on the submittal received on September 14, 2009.
5. One(1)data CD of full size plans in TIFF Group 4 format(black and white, not grayscale or
color). If the plans are too large to store in TIFF format,they can be stored in PDF format.
Please respond in writing within 30 calendar days of the date of this letter by sending a copy of this
information to me. If you will not be able to provide the requested information within that timeframe,
please provide written confirmation that you intend to provide the requested information, and include a
specific timetable delineating when the requested materials will be provided. If we do not hear from you
in 30 calendar days,we will assume that you no longer want to pursue this project and we will consider
the project as returned. Please call Ms. Amy Chapman at(919)715-6823 or Ms. Cyndi Karoly at(919)
733-1786 if you have any questions.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/asc
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Jay Keller,Keller Environmental Consultants, 7921 Haymarket Ln, Raleigh,NC 27615
Filename: 090183v2TheLandingsSDLots 135 and 136(Wake)MinVar_On_Hold

• • • •m• _ •1.93•i•U7 01 I--d ITjjN'
■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. _ ❑Agent
■ Print your name and address on the reverse X ❑#ddressee
so that we can return the card to you. B. Received by(Printed Name) C. D to f De ve
■ Attach this card to the back of the mailpiece,
or on the front if space permits. HC
D. Is delivery address different from item 1? Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
Carlt °"oup of NC LLC
Mr Marshall Davis 10/27/09
95 New Clarkstown Rd
Nanuet NY 10954 3. Service Type
DWQ 09-0183 V2 Wake County $Certified Mail ❑Express Mail
❑Registered K Return Receipt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number
(transfer from service IabeQ 7 O U b 3 r-�- ———— ———-
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540

UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR DIVISION OF WATER QUALITY
401 OVERSIGHT/EXPRESS UNIT
2321 CRABTREE BOULEVARD. SUITE 250
RALEIGH,NC 27604
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