20090183 Ver 1_More Info Letter_20090305

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 5, 2009
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Marshall Davis
95 Clarkstown Road
Nanuet, NY 10954
Dee Freeman
Secretary
DWQ Project # 2009-0183
Wake County
Subject Property: The Landings Subdivision, 3126 & 3130 Groveshire Drive, Raleigh, NC
UT to Neuse River [030402, 27-(22.5), C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Davis:
On February 20, 2009, the Division of Water Quality (DWQ) 401 Oversight/Express Permitting Unit
received your application dated February 19, 2009 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:
Diffuse Flow
Per the requirements of the Neuse Riparian Buffer Rule, you must show that this site meets
diffuse flow requirements with a level spreader or other BMP per Chapter 8 of the BMP Manual
(see http://h2o.enr.state.ne.us/su/bmp forms.htm). Your underground level spreader is not
approvable by DWQ since it will not provide diffuse flow. Please redesign your level spreader to
comply with DWQ's BMP Manual. You must submit the applicable worksheets and O&M
agreement for the level spreader with your redesigned plans.
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
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetiands/
NorthCarolina
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An Equal Opportunity 1 Affirmative Action Employer
Marshall Davis
Page 2 of 2
March 5, 2009
you intend to provide the requested information, and include a specific timetable delineating when the
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.
S' cerely,
24?'? `N''6
C di Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/asc
Cc Lauren Witherspoon,DWQ Raleigh Regional Office
DLR, Raleigh Regional Office
File Copy
Matt Matthews, DWQ Wetlands and Stormwater Branch
Jay Keller, Keller Environmental, 7921 Haymarket Lane, Raleigh, NC 27615
Filename: 090183TheLandingsSD(W ake)NBR_On_Hold
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
Mr. Marshall Davis
95 Clarkstown Road
Nanuet NY 10954
DWQ 09-0183 Wake County
A.' 'nature
? Agent
? Addressee
B. Received by (Printed Name) C. Dart of elivery
? rl P l 1 1 ) U' ? ?7 U
D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
3. Service Type
ryA Certified Mail ? Express Mail
S Registered Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee)
? Yes
2. Article Number
(Transfer from service k ?00? 2560 0001 1381 0315
Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
UNITED STATES, P.9.51AI SEW
• Sender: Please print your name, address, "'and ZIP+4-M-tf4s box
NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
F1111 fill fill I I III III III Itfill 11'l i 1 till l loll III I I I IIIII