20080870 Ver 1_No Written Concurrence_20080527

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 27, 2008
Mr. Steve Mitchell
1813 Lancaster. Drive
Garner, NC 27529
Subject Property: Kings Circle Lot
Lot 30 Neuse Woods
PIN 1732-85-8896
Raleigh, NC
Coleen H. Sullins, Director
Division of Water Quality
Wake County
Page 1 of 2
CONFIRMATION OF EXISTING USE under NEUSE River Buffer Rule (15A NCAC 2B
.0233)
Dear Mr. Mitchell:
On April 25, 2008, at your request Eric Kulz of the DWQ 401 Oversight and Express Permitting
Unit visited the above-referenced property for the purpose of discussing proposed activities at
the property associated with moving a house onto the lot.
As we discussed, a portion of a mobile home was formerly located within Zone 2 of the 50-foot
Neuse River Riparian Buffer. According to available information, the footprint of the mobile
home within the buffer was 109 square feet. Since the mobile home was in place prior to July
22, 1997, the mobile home was considered an Existing Use within the buffer (15A NCAC 2B
.0233(3)(b)).
Since a portion of the house that is being moved onto the property is being placed within the
footprint of the original mobile home, the buffer impact from the house (100 square feet,
resulting in a net gain of nine square feet of buffer) is considered to be within the Existing Use
footprint of the former mobile home, and no application or variance request is required for this
activity. --
Please note that any additional disturbance of the Neuse River Riparian Buffer beyond the use
described above would require written notification to (Minor Variance)=and approval by this
Office.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/newetiands
N°1e Carolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Steve Mitchell
Page 2 of 2
May 27, 2008
This letter only addresses the applicability to the buffer rules and does not approve any
additional activities within the buffers, nor does this letter approve any activity within Waters of
the United States or Waters of the State. If you have any additional questions or require
additional information please call me at [phone].
Sincerely,
ClYvdi B. Karoly, Supervisor
401 Oversight/Express Review Permits Unit
Enclosure:
cc: Lauren Witherspoon - DWQ Raleigh Regional Office
File Copy (Eric Kulz)
Central Files
Filename: Kings Circle Existing Use Verification
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
N°? Carolina
Ntura!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper