20070502 Ver 1_More Info Letter_20070410

~~F W A TF9p Michael F. Easley, Governor
`~ ~i William G. Ross Jr., Secretary
~~.- North Carolina Department of Environment and Natural Resources
~ ~
~ ~ Alan W. Klimek, P.E. Director
Division of Water Quality
April 10, 2007
DWQ Project # 2007-0502
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Matt Huff
214 Sylvia Lane
Cary, NC 27511
Subject Property: Lot 1 Silver Lake Phase 1, Cary, NC
UT to Crabtree Creek [030402, 27-33-(10), C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Huff:
On March 21, 2007, the Division of Water Quality (DWQ) 401 Oversight/Express Permitting Unit
received your Minor Variance application dated March 21, 2007 regarding your request for a Minor
Variance from the Neuse Buffer Rules (15A NCAC 2B .0233) for 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:
1. Please provide a signed operation and maintenance agreement for the rain barrel. An example
O&M agreement can be downloaded from the following website:
http://h2o.enr.state.nc.us/ncwetlands/documents/Sample0 NIA;reementforLevelSpreaders.doc
2. The retaining wall at your property does not appear to be necessary. Please revise your plans to
reflect the change.
3. Your plans show awooden-slatted deck in Zone 2 of the protected riparian buffers. The deck is
an allowable use provided minimal vegetation is removed during its installation. Please provide
details on the square footage of impact and the vegetation removed for the installation of the
deck.
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
NoithCarolina
401 Oversight/Express Review Permitting Unit ~att[Caay
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: ham://h2o.encstate.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper

Matt Huff
Page 2 of 2
April 10, 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,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBKlasc
cc: Lauren Cobb, DWQ Raleigh Regional Office
Rhett Butler; 701 Corporate Center Drive; Suite 475; Raleigh, NC 27607
File Copy
Central Files
Filename: 070502Lot I S iilverLakePhase 1(Wake)On_Hold