20090693 Ver 1_More Info Letter_20091002

'N-
'Na
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 2, 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 installation of the retaining wall and gravel 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. DWQ received
additional information from you on August 28, 2009. 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 three 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:
A subsequent file review has revealed that the subject site is the focus a civil penalty assessment
and a respective contested case hearing. We are uncertain how your restoration/buffer
authorization request will be affected by the civil penalty and potential restoration /contested
case. As such, by copy of this letter this office requests that you contact John Payne with the NC
Attorney General's Office at [phone] in order to schedule a meeting to further discuss
this restoration and potential settlement. We look forward to potentially resolving each one of
these matter as quickly and effectively as possible.
2. The buffer restoration plan for the cleared buffered area around the pond at the subject property
received by DWQ on August 28, 2009 is insufficient. Please revise this buffer restoration plan to
include more than one species of tree and proper tree spacing. A copy of the Guidelines for
Riparian Buffer Restoration is attached to this letter to assist you with this revision.
3. The gravel road as described in your application received by DWQ on June 15, 2009, to the
boathouse does not appear to be an existing use in the protected riparian buffers. Per 15A NCAC
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.us/ncwetlands/
NorthCarohna
Naturally
An Equal Opportunity l Affirmative Action Employer
Mitscherlich
Page 2 of 2
October 2, 2009
02B .0233(3)(b)(ii), if impervious surface is added to the protected riparian buffers where there
was no impervious surface before, then the buffer rules apply. Your pervious farm utility path is
now an impervious gravel road and therefore is not considered an existing use in the buffers. In
an effort to minimize the impacts to the protected riparian buffer, please provide a restoration
plan to show how the buffer outside of the original footprint of the pervious farm utility path will
be restored with woody vegetation per the Guidelines for Riparian Buffer Restoration. Include in
this restoration plan a clearly labeled location of the original farm utility path and the footprint of
the new gravel road. Be sure to also clearly label the square footage of protected riparian buffer
impacts for the gravel road on the plan sheet.
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,
?--4 14. ?,4A-
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/asc
Enclosure: Guidelines for Riparian Buffer Restoration
cc: Martin Richmond, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
Niki Maher, NPS-ACO Unit, Archdale Bldg
John Payne, Attorney General's Office, MSC 9001, Raleigh, NC
File Copy
Filename: 090693Mitscherl ichProperry9508BartonsCreekRoad(W ake)NBR_On_Hold3