20090748 Ver 1_More Info Letter_20091112

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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 12, 2009
DWQ Project#2009-0748
Durham County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. David C. Falk, Sr.
5914 Kemp Road
Durham,NC 27703
Subject Property: Kingsmill Farm II,Durham,NC
UT to Rocky Branch [030401, 27-11-2-(1), WSIV,NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Falk, Sr.:
On July 1, 2009,the Division of Water Quality(DWQ)received your after-the-fact application dated June
30, 2009, with additional information received by DWQ on October 19,2009 to impact 115,219 square
feet(ft)of Zone 1 protected riparian buffers and 76,125 square feet(ft)of Zone 2 protected riparian
buffers for the construction of the two road crossing and three ponds at the subject site. The DWQ has
determined that your application was incomplete and/or provided inaccurate information as discussed
below. The DWQ will require additional information in order to process your application to impact
protected wetlands and/or streams on the subject property. Therefore,unless we receive five copies of 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. Please provide the following information so that we may continue to review your
project.
Additional Information Requested:
1. Buffer Restoration Plan
You have proposed to plant Alnus serrulata(Tag alder)as one of the bare root seedling species
for your required buffer restoration at the subject site. This species is a nitrogen fixing species
and therefore should not be planted in the protected riparian buffer zones. Please revise your
restoration plan to reflect a different species in lieu of the tag alder.
2. Stream Restoration Plan for feature"B"
Please provide a final stream restoration plan for review by DWQ for feature"B"at the subject
site.
3. Major Variance
Your consultant, S&EC, stated in their additional information that you would be applying for an
after-the-fact Major Variance for features"A"and "RB"at the subject site. Should you choose to
proceed with the after-the-fact Major Variance,please note that by guidance from the Attorney
General's Office on the interpretation of the Neuse Buffer Rule,you must meet the hardships
401 Oversight/Express Review Permitting Unit On..e�
1650 Mail Service Center,Raleigh,North Carolina 27699-1650 NOl hCa.T011l1a
Location:2321 Crabtree Blvd.,Raleigh,North Carolina 27604 Ali
Phone:[phone] FAX:[phone] atura!!r�
Internet:http://h2o.enr.state.nc.us/ncwetlands/
An Equal Opportunity 1 Affirmative Action Employer

David C.Falk, Sr.
Page 2 of 2
November 12,2009
outlined in 15A NCAC 02B .0233(9)(a) in order to qualify for a variance from the Neuse Buffer
Rules. It appears that you have not met the hardship described in 15A NCAC 02B
.0233(9)(a)(i)(E), in that you purchased the property after the effective date of the rule. Therefore
DWQ can not endorse a variance application for these two features before the Water Quality
Committee of the Environmental Management Commission.
If you do not choose to proceed with the after-the-fact major variance,you will need to provide a
restoration plan for features"A"and"RB".
4. 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.
This letter only addresses the application review and does not authorize any impacts to wetlands,waters or
protected buffers. Please be aware that any impacts requested within your application are not authorized(at
this time)by the DWQ. Please call Ms. Amy Chapman or Ms. Cyndi Karoly at 919-733-1786 if you have
any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/asc
cc: Martin Richmond,DWQ Raleigh Regional Office
DLR Raleigh Regional Office
Eric Alsmeyer,USACE Raleigh Regulatory Field Office
Bob Zarzecki, S&EC, 11010 Raven Ridge Rd,Raleigh,NC 27604
File Copy
Filename: 090748KingsmillII(Durham)NBR_On_Hold2

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■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. X / ❑Agent
■ Print your name and address on the reverse /U/��� L yl'� El Addressee
- - -
so that we can return the card to you. B. Received by(Printed Na e) C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 17 ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑No
Mr David C Falk Sr 11/13/09
5914 Kemp Rd
Durham NC 27703 3. Service Type
DWQ 09-0748 Durham County K Certified Mail ❑Express Mail
❑Registered ®Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
(rrensfer from sen4ce label) 7007 2560 0001 1381 6034
PS Form 3811,February 2004 Domestic Return Receipt . r 102595-02-M-1540

'Class
UNITED STATES'POST)� L-
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• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR DIVISION OF WATER QUALI I Y
401 OVI?IZSI(3IIT/FXI1RESS UNIT
2321 CRABTREE BOULEVARD, SUITF,250
RALEAGI 1,NC 27604
Ir-74