20090693 Ver 1_More Info Letter_20090731

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NCDEE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 31, 2009
FIRST CLASS MAIL
Christopher and Jennifer Mitscherlich
9508 Bartons Creek road
Raleigh, NC 27615
DWQ Project # 2009-0693
Wake County
Subject Property: 9508 Bartons Creek Road
UT to Falls Lake [030401, 27-(5.5), WSIV, B, NSW, Ca]
REQUEST FOR MORE INFORMATION
Dear Mr. and Mrs. Mitscherlich:
On June 15, 2009, the Division of Water Quality (DWQ) received your undated after-the-fact application
to impact an unknown amount of buffers for the construction of the retaining wall and installation of
gravel on the road at the subject property. On July 17, 2009 you stopped by the DWQ office to add
information to your survey sheet dated April 10. 2009, which was included in your original application
packet. 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:
In DWQ's request for additional information dated June 25, 2009, you are asked to update your plan
sheet dated April 10, 2009 to show new buffer impacts. You did update portions of the plan sheet on
July 17, 2009 in this office. However, you did not show the area where riparian buffers were removed
without prior authorization from DWQ. You must update your plan sheet to reflect this area of
vegetation removal in the protected riparian buffer. Please be reminded that in 15A NCAC
2B.0233(4) of the Neuse Buffer Rules, that Zone I of the buffer remains in undisturbed vegetation
and Zone 2 can be a maintained lawn except for those uses provided for in Item (6) of this Rule. For
the areas in Zone 1 of the buffer where vegetation was removed that did not comply with an
exempt, allowable or allowable with mitigation use in 15A NCAC 2B.0233(6), you must submit
a buffer restoration plan.
2. Please provide a diffuse flow plan for how the stormwater discharged from the corrugated pipe you
installed behind the boathouse on the creek bank will be treated through Zones 1 and 2. Be sure to
include the drainage area for these pipes in your plan.
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:llh2o.enr.state. nc.uslncwetlandsl
NorthCarolina
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An Equal Opportunity 1 Affirmative Action Employer
Mitscherlich
Page 2 of 2
July 31, 2009
3. Please provide additional proof that the gravel driveway that leads to the boathouse labeled on your
plans as "existing gravel driveway", was in place prior to July 22, 1997. The photos you submitted
with your application on June 15, 2009 did not show this existing driveway.
4. Please be sure to address the civil penalty that was required in DWQ's July 8, 2009 letter. You have
to respond by August 10, 2009 to John Hennessy at MSC 1617, Raleigh, NC 27699 by one of these
three options:
a. Submit payment of the penalty, OR
b. File a request for remission of civil penalties, OR
c. File a written petition with the Office of Administrative Hearings.
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.
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. Amy Chapman or Ms. Cyndi Karoly at 919-733-1786 if you have
any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/asc
cc: Martin Richmond, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
Niki Maher, NPS-ACO Unit, Archdale Bldg
File Copy
Filename: 090693 M itscherlichProperty9508 BartonsCreekRoad(W ake)NBR_On_Hold2