NAD Station on Hwy 55 in Apex

KUM
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 13, 2010
Tom Colhoun
Colhoun Real Estate LLC
PO Box 322
Apex, NC 27502
NBRRO#10-065
Wake County
BASIN:
X Neuse (15A NCAC 213.0233) ? Tar-Pamlico (15A NCAC 2B.0259)
? Ephemeral/Intermittent/Perennial Determination ? Isolated Wetland Determination
Project Name: NAD Station on Hwy 55 in Apex
Location/Directions: Located southeast of the intersection of E. Williams Street (Hwy 55) and
Hughes Street
Subject Stream: UT to Middle Creek
Date of Determination: 4/27/2010
Feature VIM* Not
Subject Subject Start* Stop@ Stream
Form Pts. Soil
Survey USGS
To o
A X Fla A X

*E/I P = Ephemeral/Intermittent/Perennial
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.
During the site visit, I observed a gravel parking area/pavement located in the 50-foot buffer of Stream Feature A.
This gravel/pavement is considered to be impervious and an existing use. Because it is considered "existing" and
impervious you may use the footprint of this gravel area to build upon without DWQ approval.
This on-site determination shall expire rive (5) years from the date of this letter. Landowners or affected pa !es that
dispute a determination made by the DWQ or Delegated Local Authority may request a determination by t hCaarolina
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NAD Gas Station on Hwy 55
Wake County
5/13/10
Page 2 of 2
Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected
party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the
Director shall be referred to the Director in writing c/o Ian McMillan, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd.,
Raleigh, NC 27604-2260.
If you dispute the Director's determination you may file a petition for an administrative hearing. You must file the
petition with the Office of Administrative Hearings within sixty (60) days of the receipt of this notice of decision. A
petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours.
The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00
pm, except for official state holidays. To request a hearing, send the original and one (1) copy of the petition to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. The petition may also be
faxed to the attention of the Office of Administrative Hearings at [phone], provided the original and one (1)
copy of the document is received by the Office of Administrative Hearings within five (5) days following the date of
the fax transmission. A copy of the petition must also be served to the Department of Natural Resources, c/o Mary
Penny Thompson, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699-1601.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (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)-554-4884.
Respectfully,
?? 6 cv,
Lauren Witherspoon
Environmental Senior Specialist
cc: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
RRO/SWP File Copy
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