20090356 Ver 1_More Info Letter_20090706

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NCDETIR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 6, 2009
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Trailwood Buildings, LLC
Attn: Ms. Linden R Byrd
2245 North Hills Drive
Raleigh, NC 27605
Subject Property: The Lynden Centre at Crabtree, Raleigh
Ut to Crabtree Creek [030402, 27-33-(10), C, NSW]
Dear Ms. Byrd:
DWQ Project # 2009-0356
Wake County
On April 1, 2009, the Division of Water Quality (DWQ) 401 Oversight/Express Permitting Unit received
your application dated April 1, 2009, with additional information received by DWQ on May 4, 2009 and
June 18, 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:
1. The scour holes may not be located within the Neuse Buffer. Please provide appropriate diffuse
flow measure outside of the riparian buffer per Chapter 8 of DWQ's BMP Manual.
2. Please provide one Level Spreader Supplement Form for each proposed level spreader, available
at: http://h20.enr.state.nc.us/suibmp forms.htm. Please include the Required Items Checklist and
all items listed therein.
3. There are three approved private buffer mitigation banks in the 03020201 cataloging unit. You
must first try to go through a private mitigation bank before using the Ecosystem Enhancement
Program. Please provide an acceptance letter from one of the three private mitigation banks for
your proposed buffer mitigation. The three banks are the EBX Neuse 1 - Westbrook, Forrest
Creek Buffer Mitigation Bank, and the Umbrella Riparian Buffer Bank - Wellons Farm. You can
view the contact information for each bank at the following website:
http://h2o.enr.state.nc.us/ncwetlands/documents/mitigation banks 4.doc
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: hnp://h2o.enr.state.nc.us/ncwetlands/
No thCarolina
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An Equal Opportunity 1 Affirmative Action Employer
Trailwood Buildings, LLC
Page 2 of 2
July 6, 2009
Please respond in writing within 30 calendar days of the date of this letter by sending a copy of this
information to me. 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 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 (919)
733-1786 if you have any questions.
Sine ely,
Cyndi
401 Oversight/Express Review Permitting Unit
CBK/ijm/asc
cc Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Transite Consulting, Attn: Douglas B. Saunders, 3516 Bush St, Suite 101, Raleigh, NC 27609
Filename: 0903 56TheLyndenCentreatCrabtree(W ake)Min Var_On_Hold3