20071984 Ver 1_More Info Letter_20071212

~OF W A TF~jQ Michael F. Easley, Governor
`(~ ~i William G. Ross Jr., Secretary
~ rP-- North Carolina Department of Environment and Natural Resources
~ ~
© ,~ Coleen H. Sullins, Director
Division of Water Quality
December 12, 2007
DWQ Project # 2007-1984
Iredell County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Kenneth Bealer Homes
Attn: Len K. Bealer
PO Box 3398
Morresville, NC 28117
Subject Property: Lot 23 Tuskarora Point, Mooresville, NC
Lake Norman [030832, 11-(75) WSN, B, Ca]
REQUEST FOR MORE INFORMATION
Dear Mr. Bealer:
On November 19, 2007, the Division of Water Quality (DWQ) 401 Oversight/Express Permitting Unit
received your application dated November 1, 2007 regarding your request for a Variance from the
Catawba Buffer Rules (15A NCAC 2B .0243) 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 .0243(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 .0243 and will place this project on hold as incomplete until we
receive this additional information.
Additional Information Requested:
1. Avoidance/Minimization
This Office believes that the pretreatment repair area for your septic system on your plan sheet
can be moved or reconfigured to avoid the impacts to the protected riparian buffer. Please
submit a revised plan sheet reflecting this change.
2. Buffer Mitigation
If you choose to proceed with a variance, then please provide a buffer mitigation plan pursuant to
15A NCAC 02B .0243. 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.
Please respond in writing within three weeks of the date of this letter by sending a copy of this
information to me and to Alan Johnson of the DWQ Mooresville 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
N °e Carolina
401 OversightlExpress Review Permitting Unit ~tuCa!!y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: httn://h2o.enr.state.nc.us/ncwetlands
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Kenneth Bealer Homes
Page 2 of 2
December 12, 2007
request and we will consider the request as withdrawn. Please call Ms. Amy Chapman of this office at
[phone] if you have any questions.
incerely,
f `~ l
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/asc
cc: Toney Jacobs, S&ME, 385 Timber Road, Suite 104, Mooresville, NC 28115-7899
Alan Johnson, DWQ Mooresville Regional Office
File Copy
Central Files
Filename: 071984Lot23 TuskaroraPoint(Iredell)Var_On_Hold