20081658 Ver 1_More Info Letter_20091105

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 5, 2009
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
W. Michael and Janet D. Rogers
100 Declair Court
Cary, NC 27513
Subject Property: 100 Delclair Court, Cary
Turkey Creek [030402, 27-33-2, C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. and Mrs. Rogers:
DWQ Project # 2008-1658v2
Wake County
On July 30, 2009, the Division of Water Quality (DWQ) 401 Oversight/Express Permitting Unit received
your application dated July 22, 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. Operation and Maintenance (O&M) Agreement
Please provide an O&M agreement for the infiltration basin at the subject site. A sample O&M
agreement can be downloaded from the following website:
http://h2o.enr.state.nc.us/su/bmp forms.htm.
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
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
NonrthCarolina
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An Equal Opportunity 1 Affirmative Action Employer
Rogers
Page 2 of 2
November 5, 2009
the project as returned. Please call Ms. Amy Chapman at [phone] or Ms. Cyndi Karoly at (919)
733-1786 if you have any questions.
Sincere! ,
"-I?z al
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/asc
cc Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Withers & Ravenel, Attn: Mr. Jason Bertoncino, 111 MacKenan Dr, Cary, NC 27511
Filename: 081658v2 100DeclairCt(W ake)MinV ar_On_Hold2