20080222 Ver 1_More Info Letter_20080206

~Q'~ W ArFRQ Michael F. Easley, Governor
~O G William G. Ross Jc, Secretary
~- North Carolina Department of Environment and Natural Resources
.:,~
~ Coleen H. Sullins, Director
Division of Water Quality
February 6, 2008
DWQ Project # 2008-0222
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Clyde Harris
106 East Drewry Lane
Raleigh, NC 27609
Subject Property: Harris Retaining Wall, Raleigh, NC
UT to Crabtree Creek [030402, 27-33-(10), C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Harris:
On February 1, 2008, the Division of Water Quality (DWQ) 401 Oversight/Express Permitting Unit
received your application dated January 9, 2008 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 and 0242. 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 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
401 Oversight/Express Review Permitting Unit ~/VlltllCll~~1,/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Clyde Harris
Page 2 of 2
February 6, 2008
request and we will consider the request as withdrawn. Please call Ms. Amy Chapman of this office at
[phone] if you have any questions.
Since y,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm/asc
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
David Hooper, 1015 Edgewood Ave, Burlington, NC 27215
File Copy
Central Files
Filename: 080222HarrisRetainingWail(Wake)NBR_On_Hold