HomeMy WebLinkAbout2718 Cowley Rd CaryA4JA
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
David & Colleen Leonard
Post Office Box 644
Cary, NC 27512
Division of Water Quality
Coleen H. Sullins
Director
November 17, 2009
Dee Freeman
Secretary
NBRRO#09-178
Wake County
BASIN:
® Neuse (15A NCAC 2B .0233) ? Tar-Pamlico (15A NCAC 2B .0259)
? Ephemeral/Intermittent/Perennial Determination ? Isolated Wetland Determination
Project Name: 2718 Cowley Rd Cary
Location/Directions: Subject property is an undeveloped lot located at the project address in
Cary, NC
Subject Stream: UT to and Sveiaht Branch
Date of Determination: October 20, 2009
Feature E/I/P* Not Subject Start@ Stop@ Stream Soil USGS
Subject Form Pts. Survey To o
A X Throughout X X
(Speight
Branch)
B X X X
*VITID
-111 - Z.pica eruutrtterrrlttlenilreren iat
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water
exists and that it is subject to the buffer rule may request a determination by the Director. A request for a
determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly , DWQ
Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination
by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for
an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are
hereby notified that the 60-day statutory appeal time does not start until the affected party (including
downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant ore
N"oa,Carolina
tura!!y
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Phone (919) 791-4200 Customer Service
FAX (919) 571-4718 1-877-623-6748
2718 Cowley Rd Cary
Wake County
November 17, 2009
Page 2 of 2
conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask
for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
determination is final and binding unless you ask for a hearing within 60 days.
The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property
(stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries
should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army
Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441.
Please Note: This is an "After-the-Fact" determination Impacts to feature B depicted on both NRCS Soil
Survey of Wake County and USGS Toporraphic Map Lake Wheeler Ouadrangle occurred prior to the formal on
site determination (applicability of the Neuse River Riparian Buffer Rule) This is a violation This matter will
be documented in formal Notice of Violation to be issued in separate correspondence
Respectfully,
Martin Rich and
Environm tal Specialist
cc: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
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