20070315 Ver 1_More Info Letter_20070309

~DF wArF,~p Michael F. Easley, Governor
`O G William G. Ross Jr., Secretary
Vj ~ North Carolina Department of Environment and Natural Resources
~ ~
p ..C Alan W. Klimek, P.E. Director
Division of Water Quality
March 9, 2007
DWQ Project # 2007-0315
Durham County
Page 1 of 2
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Jon M. Henry and Ms. Jennifer A. White
510 Loblolly Drive
Durham, NC 27712
Subject Property: Henry & White Gazebo, Durham, NC
UT to Flat River [030401, 27-3-(8), WSN, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Henry and Ms. White:
On February 19, 2007, the Division of Water Quality (DWQ) received your Minor Variance application
dated February 15, 2007 regarding your request for a Minor Variance from the Neuse Buffer Rules (15A
NCAC 2B .0233) for the gazebo at the subject property. The Division of Water Quality (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 additional information is provided as described below, we will have to move toward
denial of your request per 15A NCAC 2B .0233 and will place this project on hold as incomplete until we
receive this additional information.
Additional Information Requested:
This Office believes that the proposed gazebo and associated impacts to Zone 2 protected riparian
buffers on your plans is not necessary. You could screen in your existing porch to address the
mosquito problem you are experiencing and completely avoid any buffer impacts. Please revise
the plans to avoid the impacts. Please note that if you are avoiding the buffer impacts you do not
need written concurrence from this office.
Please respond in writing within three weeks of the date of this letter by sending a copy of this
information to me and to Lauren Cobb of the DWQ Raleigh Regional Office. If we do not hear from you
in writing within three weeks, we will assume that you no longer want to pursue your variance request
NorthCarolina
401 Oversight/Express Review Permitting Unit ~Natura!!y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone; 919-733-1786 /FAX [phone] / Internet httn //h2o enr state nc us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/]0% Post Consumer Paper

Henry & White
Page 2 of 2
March 9, 2007
and we will consider the request as withdrawn. Please call Ms. Amy Chapman of this office at (919) 733-
1786 if you have any questions.
Sincerely,
1 ~/
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBKlasc
cc: Lauren Cobb, DWQ Raleigh Regional Office
DLR, Raleigh Regional Office
File Copy
Central Files
Filename: 070315Henryand Wh iteGazebo(Durham)Minor_On_Hold