19970893 Ver 2_Buffer Determination_20061127

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek; P.E. Director
Division of Water Quality
November 27, 2006
Mr. Philip May
Carolina Ecosystems, Inc.
8208 Brian Court
Garner, NC 27529
Subject Property: Shotwell Landfill
Wake County, NC
Dear Mr. May:
DWQ Project # 2006-97-0893v.2
County: Wake
On October 5, 2006, at your request, Amy Chapman conducted a determination to review 6
stream features located on the subject property for applicability to the Neuse Buffer Rules (15A
NCAC 2B .0233). The features are labeled as "A", "B", "C", "D", "E" and "F" on the attached
map and initialed by Amy Chapman on November 27, 2006.
The Division of Water Quality (DWQ) has determined that the surface waters labeled as
"A", "B" and "C" on the attached map are subject to the Neuse Buffer Rule and that the
surface waters labeled as "D", "E" and "F" on the attached map are not subject to the
Neuse Buffer Rule. The owner (or future owners) should notify the DWQ (and other relevant
agencies) of this decision in any future correspondences concerning this property. This on-site
determination shall expire five (S) 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 401 OversightfExpress Permitting Unit, 2321
Crabtree Blvd., Suite 250, 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 adjudicatory 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 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.
This letter only addresses the applicability to the buffer rules and does not approve any activity
within the buffers. Nor does this letter approve any activity within Waters of the United States
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: httn://h2o.enr.state.nc.us/ncwetlands
Nye Carolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Philip May
Page 2 of 2 .
November 27, 2006
or Waters of the State. If you have any additional questions or require additional information
please call Amy Chapman at [phone].
Sincerely,
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Cy di B. Karoly, Supervisor
401 Oversight/Express Review Permits Unit
CBK/asc
Enclosures: Wake County Soil Survey Map
cc: Mike Horan, DWQ Raleigh Regional Office
File Copy
Central Files
Filename: 970893v2ShotwellLandfill(Wake)DET

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