20121140 Ver 1_More Info Requested_20130201

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2012-1140
Wake County
LBJ Cary Associates LLC
Attn: Lyle Gardener
7706 Six Forks Road
Raleigh, NC 27615
Subject: REQUEST FOR ADDITIONAL INFORMATION
SW Cary Parkway Daycare
On December 21, 2012, the Division of Water Quality (Division) received your application requesting
Major Variance to the Neuse Riparian Buffer Rules for your project. The Division has determined thiia
your application is incomplete and cannot be processed. The application is on-hold until all of the
followinR information is received.- I
1. Please provide a full-size plan sheet showing the entire site with its storm drainage system,
including every inlet, outlet and conveyance device. Please show how every proposed outle
will be discharged to an appropriately sized and designed stormwater wetland as described 1
the Variance Request Form. �1
2. Please provide a copy of the stormwater management plan for the two stormwat�er wetlands
approved by the town of Cary, including plan details and calculations. Also, please provide
documentation that the stormwater wetlands have adequate capacity to treat the stormwater
from the proposed daycare center.
3. Please provide an explanation as to whether each of the following hardships (15A NCAC 02B
.0233 (9)(a)(i) are met:
B. The hardship results from application of this Rule to the property rather than from othe
factors such as deed restrictions or other hardship. I
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SW Cary Parkway Daycare
Page 2 of 2
February 1, 20i3
C. The hardship is due to the physical nature of the applicant's property, such as its size,
shape, or topography, which is different from that of neighboring property.
D. The applicant did not cause the hardship by knowingly or unknowingly violating this
Rule.
E. The applicant did not purchase the property after the effective date of this Rule, and
then requesting an appeal.
F. The hardship is unique to the applicant's property, rather than the result of conditions
that are widespread. If other properties are equally subject to the hardship created in
the restriction, then granting a variance would be a special privilege denied to others,
and would not promote equal justice;
4. Please provide documentation from an appropriate mitigation bank or the NCEEP indicating
their willingness to accept your request to purchase 34,581 buffer credits. Mitigation provider
selection must conform to the requirements of G.S. 143-214.20.
Pursuant to Title 15A NCAC 02B .0233, the applicant shall furnish all of the above requested information
for the proper consideration of the application. If all of the requested information is not received in
writing within 30 calendar days of receipt of this letter, the Division will be unable to approve the
?pplication and it will be returned. The return of this project will necessitate reapplication to the
Division for approval.
Respond in writing within 30 calendar days of receipt of this letter by sending two copies of all of the
7bove requested information to the Wetlands, Buffers, Stormwater —Compliance and Permitting
(Webscape) Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650.
Please be aware that you have no authorization under Section 401 of the Clean Water Act or the Neuse
Riparian Buffer Rules for this activity and any work done within waters of the state may be a violation of
North Carolina General Statutes and Administrative Code.
Contact Karen Higgins at karenhigginsPncdenL&gv or 919-807-6360 if you have any questions o
concerns, or contact Annette Lucas at annette_____@ or 919-807-6381 if you have an
questions related to stormwater (items # 1 & 2 above). I
cc: Jay Keller, Keller Environmental (via email)
File Copy
File name: 121140SWCaryParkwayDaycare(Wake)_NBR—MV—Hold.docx