20070530 Ver 2_More Info Letter_20081017

&I OF W A7,- p Michael F. Easley, Governor
??i William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
H Coleen H. Sullins, Director
^r-7^ Division of Water Quality
October 17, 2008
DWQ Project # 2007-0530v2
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Thadd Roberts
8305 Six Forks Rd
Suite 203
Raleigh, NC 27615
Subject Property: Lot 10, 1907 Stoneytrace Ct,Oakcroft SD, Raleigh, NC
UT to Neuse River [030402,27-(20.7), WSIV, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Roberts:
On September 29, 2008, the Division of Water Quality (DWQ) 401 Oversight/Express Permitting Unit
received your application dated September 29, 2008 regarding your request for a Minor Variance from the
Neuse Buffer Rules (15A NCAC 2B .0233) for the subject property. 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 we receive the additional information requested below, we will place this project on
hold as incomplete until we receive this additional information. If we do not receive the requested
information, your project will be formally returned as incomplete.
Additional Information Requested:
Avoidance of the Impacts
The steps, concrete areas and retaining wall labeled as "Block Retaining Wall" on the plans do not
appear to be necessary. Please eliminate the steps, concrete areas and retaining wall, or submit
documentation demonstrating how this activity is in harmony with the Neuse Buffer Rules (15A
NCAC 2130233). Please be reminded that on April 12, 2007 you had received a minor variance for
this lot, so you were clearly aware of the site constraints at the time of the original application. Be
aware that these proposed impacts are not permitted at this time and any construction of the
concrete area, steps or retaining wall are a strict violation of the Neuse Buffer Rules.
Please respond in writing within 30 calendar days 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 you will not be
able to provide the requested information within that timeframe, please provide written confirmation that
you intend to provide the requested information, and include a specific timetable delineating when the
NotthCarolina
401 Oversight/Express Review Permitting Unit Naturally
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
Thadd Roberts
Page 2 of 2
October 17, 2008
requested materials will be provided. If we do not hear from you in 30 calendar days, we will assume that
you no longer want to pursue this project and we will consider the project as returned. Please call Ms.
Amy Chapman at [phone] or Ms. Cyndi Karoly at [phone] if you have any questions.
Sincerely,
tr
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBKlasc
Cc Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Matt Matthews, DWQ Wetlands and Stormwater Branch
Filename: 070530v2Lot l OOakcroft(Wake)Min Var_On_Hold
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¦ Complete items 1, 2, and 3. Also complete A. Signature
item 4 if Restricted Delivery is desired. X .--n ? Agent
¦ Print your name and address on the reverse..---- SL Addressee
so that we can return the card to you. ceived by Punted Name) Da of b ivery
¦ Attach this card to the back of the maiipiece,
or on the front if space permits. a
1. Article Addressed to:
D. Is
J If
Mr. Thadd Roberts
8305 Six Forks Rd. Suite 203
Raleigh, NC 27615
DWQ# 2007-0530 v2-Wake
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address different fralfitern 1? Yes
:?lo
er delivery address below
v.
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z
ified Mail ? Express Mail
etum Receipt for Merchandise
Registered RO.D.
? Insured Mail 4. Restricted Delivery? (Extra Fee) ? Yes

2. Article Number
(Transfer from service label 7008 1830 0003 8753 2089
UNITED STATES POSTAL SERVICE
LISPS
i
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division 0f Water Quality
401 Oversight/Express Unit
2321 Crabtree 130u1CVard, Suite 250
Raleigh, NC 27604
First-Class Mail
Postage & Fees Paid
Permit No. G-10