20090069 Ver 1_More Info Letter_20090202

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 2, 2009
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. James L. Ashton, Jr.
8306 Eagleview Drive
Durham, NC 27713
Subject Property: 1702 Virgil Drive
Ut to Lick Creek [030401, 27-11-(0.5), WSW, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Aston:
DWQ Project # 09-0069
Durham. County
On January 21, 2009, the Division of Water Quality (DWQ) received your application dated January 19,
2009, with additional information received from you on January 22, 2009, and January 29, 2009, to fill or
otherwise impact 80 linear feet of intermittent stream, and 4,382 square feet of Zone 1 Neuse River basin
protected riparian buffers and 0.00 square feet of Zone 2 Neuse River basin protected riparian buffers to
construct the proposed road to the rear of the lot at the site. The DWQ has determined that your
application was incomplete and/or provided inaccurate information as discussed below. The DWQ will
require additional information in order to process your application to impact protected wetlands and/or
streams on the subject property. Therefore, unless we receive five copies of 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. Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Please provide a comprehensive and clear purpose and need for the project.
2. Diffuse Flow Provisions for the Neuse Riparian Buffer: Please note that stormwater from the
impervious surfaces (gravel driveway) must be diffused but not concentrated prior to entering the
riparian buffer. Please provide appropriate diffuse flow measures for the concentrated flow from
the roadside ditches. Level spreader design requirements are set forth in Chapter 8 of the North
Carolina Stormwater BMP Manual, available at: http://h2o.enr.state.nc.us/su/bmp_fonns.htm
If the slopes in the buffer are too steep to allow for diffuse flow, please provide a BMP that
removes a minimum of 85 percent TSS and 30 percent TN from the stormwater generated from
each drainage area. For each proposed BMP, please provide a completed BMP Supplement Form
401 Oversight/Express Review Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NorthCarolina
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 y+ //
Phone: [phone] FAX: [phone]
Internet: hnp:l/h2o.enr.state.nc.us/ncwetlands/
An Equal Opportunity t Affirmative Action Employer
Mr. James L. Ashton, Jr.
Page 2 of 2
February 2, 2009
with all the required items. The BMP Supplement Forms are available at:
http://h2o.enr.state.nc.us/su/bmp forms.htm. Please include both the Design Summary and the
Required Items Checklist
Please note that the Neuse Riparian Buffer Rules prohibit new stormwater ditches through the
buffer unless they are used as bypass channels associated with level spreaders or other BMPs.
Please submit this information within 30 calendar days of the date of this letter. If we do not receive this
requested information within 30 calendar days of the date of this letter, your project will be withdrawn and
you will need to reapply with a new application and a new fee.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters or
protected buffers. Please be aware that any impacts requested within your application are not authorized (at
this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-73,?-1786 if you have
any questions regarding or would like to setup a meeting to discuss this matter. ////
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Matt Matthews, DWQ Wetlands and Stormwater Branch Manager
Tom Harrell, Development Engineering, Inc., 244 W. Millbrook Road, Raleigh, NC 27609
Filename: 090069_1702 VirgilRoad(Durham)On_Hold l.doc

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¦ Complete items 1, 2, and 3. Also complete A. Signatu
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item 4 if Restricted Delivery is desired. X
¦ Print your name and address on the reverse K Addressee
so that we can return the card to you. B. Received by (Printed Name) C. Date of elivery
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1. Article Addressed to: If YES, enter delivery address below: ? No
Mr. James L. Ashton, Jr.
8306 Eagleview Drive
Durham, NC 27713 - - - -
DWQ# 09-0069-Durham 3. Service Type
Certified Mail ? Express Mail.
9
Registered 0 Return Receipt for Merchandise
? Insured Mail b C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7008 3230 0003 1103 2609
(Ransfer from service la
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
UNITED STA,T ?.jPQ,STl?1 ?ERYIGE?
• Sender: Please print your name, address, and Z0Z4 M Tis box •
NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
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