20070297 Ver 1_More Info Letter_20070326

_ ~OF W A TLr9Q Michael F. Easley, Governor
`O ~i William G. Ross Jr., Secretary
C? tom.- North Carolina Department of Environment and Natural Resources
~ ~
~ ..C Alan W. Klimek, P.E. Director
Division of Water Quality
March 26, 2007
DWQ Project EXP # 07-0297
Wake County
Page 1 of 2
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Browning Realty
Attn: Mr. Bob Browning
201 Bellaris Street
Garner, NC 27529
Lots 137 and 138, Greenbriar Estates, Garner, NC
Echo Creek [030402, WS III, NSW CA]
REQUEST FOR MORE INFORMATION-EXPRESS REi~IEW PROGRAM
Dear Mr. Browning:
On March 22, 2007, the Division of Water Quality (DWQ) 401 Oversight/Express Permitting Unit
received your minor variance application dated March 22, 2007, regarding your request for a Minor
Variance from the Neuse Buffer Rules (15A NCAC 2B .0233) for the subject property. The 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.
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:
Buffer Miti ag tion -Mitigation will be required as a condition if you choose to proceed with either
the Minor or Major Variance. If you choose to proceed with a variance, then please provide a
buffer mitigation plan pursuant to 15A NCAC 02B .0242. If you plan to use the Riparian Buffer
Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) for your
required buffer mitigation credits, please provide an EEP acceptance letter for the required
credits.
2. Variance Request Form -for Minor Variances -Please provide a signed original copy of the
attached Minor Variance Request Form.
Buffer Impacts -Please provide a grading plan with enumerated (square feet) buffer impacts to
Zone 2 and label zones (Zone 1 and Zone 2). The plans that were provided in the March 22, 2007
submittal appear to show more impact than should be required.
None hCarolina
401 Oversight/Express Review Permitting Unit ~llrfllCll~~l,
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: httn://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Bob Browning
Page 2 of 2
March 26, 2007
4. Diffuse Flow Provision -Please provide a diffuse flow provision for these two lots along with
applicable worksheets and a signed and notarized Operations and Maintenance agreement for the
two lots. All stormwater must be directed as diffuse flow at non-erosive velocities through the
protected stream buffers such that it will not re-concentrate before discharging into the stream as
identified within 15A NCAC 2B .0233 (5). This provision must be constructed prior to Zone 2.
5. Stormwater Mana e~ment - Stormwater management will be required as a condition if you choose
to proceed with either the Minor or 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.
Please respond in writing as soon as possible to the attention of Lia Myott. Please call her at (919) 733-
9502 if you have any questions.
Sincerely,
,~
~'
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/lem
Enclosures: Minor Variance Request Form
cc: File Copy
Central Files
Thomas M. Hall, Southwind Surveying and Engineering, Inc., 201 Glen Road, Garner, NC 27529
Filename: 070297_137,138GreenbriarEst(W ake)EXP+minvar+HOLD
N.~o°e~Carolina
401 Oversight/Express Review Permitting Unit ~ttlCally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: htt~~J/h2o.enr state.nc.us/ncweflands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper