20091239 Ver 1_Notice of Withdrawal_20100105

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NCDEE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 5, 2010
DWQ Project # 09-1239:
Beaufort County:
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Judson Whitehurst
802 Recycle Lane
Greenville, NC 27834
Subject Property: Canady Landing Lot #3, Aurora, NC
Hatter Creek [030307,29-33-12, Sa, HQW, NSW]
RETURN OF APPLICATION
Dear Mr. Whitehurst:
On November 17, 2009, the Division of Water Quality (DWQ) 401 Oversight/Express Permitting Unit
received your application dated November 5, 2009 regarding your request for a Major Variance from the
Tar-Pamlico Buffer Rules (15A NCAC 2B .0259) 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 .0259(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. On December 28, 2009, the DWQ received your response
to our November 25, 2009, "Request For More Information" correspondence. Although you responded to
Request No. 1 of this correspondence, you did not answer Requests Nos. 2-5 of the "Request For More
Information" correspondence as reproduced below:
2. Buffer Mitigation
Buffer mitigation will be required as a condition of the Major Variance. Please provide a buffer
mitigation plan pursuant to 15A NCAC 02B .0259. If you choose to pay into a mitigation bank
for the required mitigation, please provide an acceptance letter from the mitigation bank
demonstrating they have the available mitigation credits.
Stormwater Management
Stormwater management is required as a condition of the Major Variance. Please provide a
detailed stormwater management plan depicting how you intend to treat the stormwater running
off the proposed impervious surfaces. Please include all applicable worksheets and O&M
agreements. The proposed catch basins included in your application are not sufficient to treat for
the required nitrogen and phosphorus removal. Please see the Best Management Practice (BMP)
manual for an acceptable BMP (see http://h20.enr:state.nc.us/su/bmp_forms.htm).
4. Diffuse Flow
Per the requirements of the Tar-Pamlico Riparian Buffer Rule, you must show that this site meets
diffuse flow requirements with a level spreader or other BMP per Chapter 8 of the BMP Manual
(see http://h20.enr.state.nc.us/suibmp forms.htm).
401 OversighUExpress 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/ncwetiands/
NofthCarolina
Natumllff
An Equal Opportunity 1 Affirmative Action Employer
Mr. Judson Whitehurst
Page 2 of 2
January 5, 2010
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.
For these reasons your Major Variance application is hereby considered returned. Once you have
secured the requested information you will need to reapply for your Major Variance. This includes
submitting a complete Major Variance application package.
Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-1786 if you have any questions or
concerns.
Sinc ely,
Cyndi Karoly, Supervisor
O 1 Oversight/Express Review Permitting Unit
CBKIUm
cc: Anthony Scarborough, DWQ Washington Regional Office
File Copy
Filename: 091239CanadyLandingLot3(Beaufort)Maj Var_Returned_Application