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HomeMy WebLinkAbout20070106 Ver 3_More Info Letter_20070810O~O~ ~ATFRpG Michael F. Easley, Governor .~ William G. Ross Jr., Secretary ~ rte-- North Carolina Department of Environment and Natural Resources ~ ~ (p ~ Coleen H. Sullins, Director Division of Water Quality August 10, 2007 DWQ Project # 07-0106v3 Durham County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Organon Teknika Corporation Attn: Mr. Joe Shimkonis, Vice President 100 Randolphe Street, Building 1300 Durham, NC 27712 Subject Property: Organon Telcnika Expansion UT to Flat River [030401, 27-3-(9), WSIV, NSW, CA] REQUEST FOR MORE INFORMATION Dear Mr. Shimkonis: On July 2, 2007, the Division of Water Quality (DWQ) 401 Oversight/Express Permitting Unit received your application dated June 20, 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: Buffer Mitigation Buffer mitigation will be required as a condition if you choose to proceed with the Minor Variance. If you choose to proceed with a variance, then please provide a buffer mitigation plan pursuant to 15A NCAC 02B .0233. If you choose to pay into a mitigation bank for the required mitigation, please provide an acceptance letter from the mitigation bank demonstrating they have the available mitigation credits. 2. Operation and Maintenance Agreement for the Proposed Rain Garden Please provide a signed and notarized Operation and Maintenance agreement for the proposed rain garden. 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 NQ~thCarolina 401 Oversight/Express Review Permitting Unit QtuCU!!t~ 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 ' 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 /Internet: 1~://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Organon Teknika Page 2 of 2 August 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. Si cerely, ~. Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBK/asc cc: Lauren Cobb, DWQ Raleigh Regional Office Jay Johnson, O'Neal Inc, 10 Falcon Crest Dr, Greenville, SC 29607 File Copy Central Files Filename: 070106v30rganonTeknika(Durham)Min Var_On_Hold