20070001 Ver 1_Application Returned_20070502

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 2, 2007
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
Mr. Ross Lampe
235 Market Street
Smithfield, NC 27577
Subject Property: Lot 31 in the Carriage Hills Subdivision, Raleigh, NC
UT to Crabtree Creek [030402, 27-33-(10), C, NSW, 303d]
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ#: 2007-0001
Wake County
Return of Application and Non-approval of a Minor Variance from the Neuse Buffer Rules
Dear Mr. Lampe:
On December 28, 2006, the Division of Water Quality (DWQ) received your minor variance
application dated December 28, 2006, to impact 1,950 square feet of Zone 2 protected riparian
buffers to construct the proposed home at the subject property. On April 10, 2007 the DWQ
received additional information from you, however, your application remains unacceptable due
to the following items:
1. The proposed drainage channel does not appear to have a continuous downward slope
toward the level spreader.
2. The level spreader is located at the invert of the proposed drainage channel, which is not
a correct practice. The level spreader must be designed and constructed at a level grade.
3. DWQ cannot adequately evaluate this project unless the topography between the level
spreader and the stream bank is clearly shown on scaled plans (1"= 50' or larger) to
ensure that slopes are appropriate (less than six percent) and that no draws are present.
You must provide topographic lines on your plan sheets.
If you wish to appeal this decision, you have the right to an adjudicatory hearing upon written
request within sixty (60) days of your receipt of this denial. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This denial is final and
binding unless you ask for a hearing.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: http://h2o:enr.state.nc.us/ncwetlands
Noe Carolina
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An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

We are available to discuss further modifications to your proposal, which would answer our
objections and allow issuance of a 401 Certification. If you have any questions please telephone
Amy Chapman or Annette Lucas at 919-733-1786.
Sinc~r~ly,
W. Klimek, Director
cc: Lauren Cobb, DWQ Raleigh Regiol~al Office
Jamie Shern, US Army Corps of Engineers, Raleigh Field Office
BRL Engineering; Attn: Mr. Brian Leonard; 704-B East Stanley Street; Four Oaks, NC
27524
File copy
Central files
File Name: 070001CarriageHillsSDLot31(Wake)returned_application