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HomeMy WebLinkAbout20080124 Ver 1_More Info Letter_20080130~QF W A TF9p Michael F. Easley, Governor ~~ G William G. Ross Jr., Secretary ~ r North Carolina Department of Environment and Natural Resources ~ ~ p ~- Coleen H. Sullins, Director Division of Water Quality January 30, 2008 DWQ Project # 2008-0124 Franklin County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Rev. Carlos Vargas 21 W. Woodbine Drive Freeport, NY 11520 Subject Property: 709 Sagamore Drive, Louisburg, NC UT to Lake Royale [030301, 28-31-(1), B, NSW] REQUEST FOR MORE INFORMATION Dear Mr. Vargas: On January 14, 2008, the Division of Water Quality (DWQ) 401 Oversight/Express Permitting Unit received your application dated December 4, 2007 regarding your request for a Minor Variance from the Tar-Pamlico Buffer Rules (15A NCAC 2B .0259) 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 .0259(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 .0259 and will place this project on hold as incomplete until we receive this additional information. Additional Information Requested: 1. Site Plans Please re-submit your site plans on full plan sheets at a scale of no smaller than 1"=50'. Be sure your plans clearly depict the location of Zone 1 and 2 of the protected buffers and the area of impact to the buffers in square feet. 2. 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 .0260. 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. Np~thCarolina 401 Oversight/Express Review Permitting Unit atura!!~ 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: httn://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Rev. Carlos Vargas Page 2 of 2 January 30, 2008 3. Septic Field You state in your minor variance application that you will have a septic field in the protected buffer. You must avoid putting the septic field in Zone 1 or Zone 2 of the protected riparian buffers. Please revise your application and plan sheet to reflect this change. 4. Level Spreader Please revise your plan sheet to move the level spreader out of the protected riparian buffer. The purpose of the level spreader is to provide diffuse flow of stormwater through Zones 1 and 2 of the buffer. Also include level spreader worksheets and an Inspection and Maintenance agreement for the proposed level spreader. 5. Zone 1 Impacts It appears from your plan sheet that you are proposing to grade in Zone 1 of the protected riparian buffers. Either revise your project and your plan sheet to avoid the grading in Zone 1 or apply for a Major Variance with the Division of Water Quality. 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 Witherspoon 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 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. Sincerely Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBK/asc cc: Lauren Witherspoon, DWQ Raleigh Regional Office John Davis, S&ME, 3201 Spring Forest Rd, Raleigh, NC 27616 File Copy Central Files Filename: 080124_709SagamoreDr(Franklin)M in Var_On_Hold