20071984 Ver 1_More Info Received_20080408

~S&ME
Celebrating 35 Years
1973.2008
April 4, 2008
NCDENR-Division of Water Quality
401 Oversight/Express Review Permits Unit
2321 Crabtree Blvd, Suite 250
Raleigh, NC 27604
Attention: Ms. Cyndi Karoly
D ~~~~~
APR D
8 2008
~NDpST E~~A~TER
~W(.H
Reference: Authorization of Catawba River Riparian Buffer Rules Variance
[15A NCAC 2B .0243(9)] with additional Conditions
Lot 23 Tuskarora Point, 438 Tuskarora Trail Mooresville, NC
Lake Norman [030832, 11-(75), WSIV, B, Ca]
S&ME, Inc. Project No. 1588-OS-066
Dear Ms. Karoly:
Thank you for your time in issuing the above referenced variance to Kenneth Bealer
Homes. This letter is to request a review of the following conditions stated in the March
18, 2008 Variance Letter addressed to Kenneth Bealer Homes.
• Is this Variance Authorization only valid for 5 years? The initial septic system is
expected to last much longer than 5 years. The permitted repair area in the lake
buffer probably has less than a 1 % chance of being needed in the next 10 years
and less then 5% in the next 20 years. Also, by the time this repair might be
needed it is likely that there may be new technologies on the market and this
proposed repair system would not need to be installed.
• Does this variance condition mean that the Division wants to go ahead and install
the repair system before it is needed within the 5 year period? Why disturb the
buffer if it is not necessary? Once the EEP fee is paid would that not give the
future owner of the lot and house a right to install the repair as necessary if and
when the initial system fails. Can the variance be considered effective until it is
necessary to repair the existing septic system?
Also, your 401 Water Quality Certification, Summary of Permitted Impacts and
Mitigation Requirements states the impacts will be in Zone 1. This repair, should
it be used, will all be in Zone 2. Can this document be revised to show the
impacts will be in Zone 2. The actual disturbance will be approximately 200 sq.
ft. of soil disturbance in the 5000 sq. ft. area. The drip tubing permitted can be at a
7" depth where roots will preferentially utilize the water and nutrients in the
system.
S&ME, INC. / 3718 Old Battleground Road /Greensboro, NC 27410 / p 336.288.7180 f 336.288.8980 / www.smeinc.com

Authorization of Catawba River Riparian Buffer Rules Variance S&ME Project No. 1588-05-066
Lot 23 Tuskarora Point, 438 Tuskarora Trail April 4, 2008
Please clarify these issues before the period to request an adjudicatory hearing or make
the EEP payment nears. Thanks again for your assistance and please call if you have any
questions.
Sincerely,
S&ME, Inc.
~~~'
~pW Toney C. acobs, L.S.S.
Senior Soil Scientist
~ ~~
Rob Willcox, L.S.S.
Natural Resources Dept. Manager
cc: Mr. Len Bealer
S:\1588\1588 REPORTS\Reports.05\1588-05-066 Kenneth Bealer Homes\LenBealerTuskPtVar (2).doc