20120387 Ver 2_More Info Letter_20130611

A J
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Ms. Lindsay Veit & Mr. John Bayer
712 Tucker Street, Apt 450
Raleigh, North Carolina 27603
Division of Water Quality
Thomas A. Reeder
Acting Director
June 11, 2013
Subject: REQUEST FOR ADDITIONAL INFORMATION
526 Oakland Drive, Raleigh, NC
Dear Ms. Veit and Mr. Bayer:
John E. Skvarla, III
Secretary
DWQ # 12 -0387 V2
Wake County
On May 2, 2013, the Division of Water Quality (Division) received your application dated
May 1, 2013, requesting a modification to the Buffer Authorization Major Variance issued July
18, 2012 from the Division for your project. It is our understanding from your agent, Bob
Zarzecki, that you do not wish to have the Division take this modification request before the
Water Quality Committee of the Environmental Management Commission; instead the request
is for the modification to be approved by the Division. The Division has determined that your
application is incomplete and cannot be processed. The application is on -hold until all of the
following information is received:
1. The total amount of buffer impact proposed for the project increased from 3,897 square
feet to 4,025 square feet. The Division has not been delegated the authority to approve
minor modifications to approved major variances when the modification results in
additional impacts to buffers. In order for the Division to process this modification
request, the proposed plan must be revised to keep the buffer impacts equal to or less
than 3,897 square feet. Alternatively the Division can present this modification request
to the Water Quality Committee.
Using rain barrels to treat stormwater is acceptable if the proposed plan meets the
criteria outlined in Technical Guidance: Stormwater Treatment Credit for Rainwater
Harvesting Systems revised September 22, 2008, found online at:
httpf /portal.ricdenr,org /c /document librar et_ file ?uuid= dcc53cOf- ff4b- 4ece -872c-
c1ff27dc7d7a& roupld= 38364. Specifically, the barrel(s) must be sized appropriately
and have a dedicated end use.
b`G'etlands, Buffers, Stormwatei, Compliance anci Penittiny Unit (WeBSCaPe)
1650 Mail Sef, ee Center Raleigh, NOFth CArolina 2'699 -1650
Phone: [phone] FAX. [phone] Gustomei Service. 1- 877 -623 -6748
intemet: vvww ocwaterquality org
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Ms. Veit & Mr. Bayer
DWQ# 12 -0387 V2
Request for Additional Information
Page 2 of 2
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 application and it will be returned. The return of this project will
necessitate reapplication to the Division for approval, including a complete application package
and the appropriate fee.
Please respond in writing within 30 calendar days of receipt of this letter by sending four copies
of all of the above 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 the Water Quality Certification 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.
Please contact me at 919 - 807 -6360 or Karen. hi [e-mail] or Jennifer Burdette at 919-
807 -6364 or 'ennifer.burdette ncdenr. gov if you have any questions or concerns.
cc: Bob Zarzecki, S &EC (via email)
DWQ RRO 401 files
DWQ Webscape Unit
Sincerely,
Karen Higgins, Supervis r
Wetlands, Buffers, Stormwater —
Compliance & Permitting Unit
Filename: 120387Veit &Bayer5260akland Dr(Wake)_MV_Mod_Hold.docx

STME a
ENVIRONMENTAL MANAGEMENT COMMISSION
Stephen T. Smith
Chairman
NORTH CAROLINA Charles Peterson
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Vice Chairman
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
MEMORANDUM:
To: Charles Wakild, Director
Division of Water Quality
Christopher J. Ayers
Kevin C. Martin
Yvonne C. Bailey
Jeffrey V. Morse
Marvin S. Cavanaugh, Sr.
Darryl D. Moss
Marion Deerhake
David B. Peden
Tom Ellis
Dickson Phillips III
William L. Hall, Jr.
Amy E. Pickle
Benne C. Hutson
Clyde E. Smith, Jr.
Steve P. Keen
Steve W. Tedder
Ernest W. Larkin
March 13, 2013
From: Charles Peterson, Chair
Water Quality Committee gu, pl -j -D13
Subject: Delegation of Minor Modifications to Approved Major Variances to the Director
This memo is to inform you of the Water Quality Committee's March 13, 2013 decision
delegating approval of minor modifications to approved major variances of the Riparian Buffer
Protection Rules to the Director of the Division of Water Quality. This is in accordance with the
Water Quality Committee's February 12, 2003 decision delegating approval of minor
modifications to approved major variances of the Riparian Buffer Protection Rules to the
Director of the Division of Water Quality.
As a condition of this delegation, the Director shall send any requests for modifications to
approved major variances to the Water Quality Committee if any of the following criteria are not
met:
1. The proposed modification(s) do(es) not change the original preliminary findings that all
of the requirements for a Major Variance have been met pursuant to 15A NCAC 02B
.0233(9)(a), 15A NCAC 02B .0250(12)(a), 15A NCAC 02B .0259(9)(a), 15A NCAC
02B .0267(12)(a), or 15A NCAC 02B .0606(1)(a);
2. The modifications do not result in additional impacts (either direct or indirect) to buffers
or water quality;
An Equal Opportunity Affirmative Action Employer

3. The modifications comply with the original Commission's approval with conditions or
stipulations; and
4. The purpose of the project is unchanged.
Notwithstanding the above criteria, in those instances when the Director determines that approval
of a modification merits additional scrutiny, the Director shall forward that request to the Water
Quality Committee for its review and deliberation.
This delegation of approval of minor modifications to approved major variances of the Riparian
Buffer Protection Rules is effective immediately.
cc: Frank Crawley
Chuck Wakild
Karen Higgins
Lois Thomas