20090785 Ver 1_More Info Letter_20090812

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 12, 2009
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Maria V. Jacobo Moreno and Luis F. Morales Vaca
3408 Hursey St
Lot 33
Durham, NC 27703
DWQ Project # 2009-0785
Durham County
Subject Property: 1602 Logan St, Durham, NC
UT to Ellerbe Creek [030401, 27-5-(2), WSIV, NSW, Ca]
REQUEST FOR MORE INFORMATION
Dear Ms. Moreno and Mr. Vaca:
On July 16, 2009, the Division of Water Quality (DWQ) 401 Oversight/Express Permitting Unit received
your application dated July 16, 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. Avoidance and Minimization
This Office believes that the shed can be moved to avoid the impacts to the protected riparian
buffer and that the house can be minimized to avoid the impacts to the protected riparian buffer.
Please revise your plans to avoid the impacts to the buffer.
Hardship
According to 15A NCAC 2B.0233(9)(a)(E), one of the hardships you must meet in order to
pursue a variance from the Neuse Buffer Rules is that you, the applicant, did not purchase the
property after the effective date of July 22, 1997 of the Neuse Buffer Rule and then request an
appeal. Please provide documentation of the date of purchase for 1602 Logan Street in Durham,
NC.
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,
401 OversighUExpress 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/ncwetlands/
NorthCarolina
naturally
An Equal Opportunity 1 Affirmative Acton Employer
Moreno & Vaca
Page 2 of 2
August 12, 2009
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.
Sincere ,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/asc
cc Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Filename: 090785_1602LoganSt(Durham)MinVar On_Hold