20031615 Ver 1_COMPLETE FILE_20031217

W A T Michael F. Easley, Governor
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G William G. Ross Jr., Secretary
North. Carolina Department of Environment and Natural Resources
7
r Alan W. Klimek, P. E. Director
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Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
Mr. Walter Cole
Soil and Environmental Consultants
11010 Raven Ridge Road
Raleigh, NC 27614
Dear Mr. Cole:
December 22, 2003
RE: Stream determination appeal
Westgate Road Property
Wake County
DWQ # 03-1615
S&EC Project #:8288 W-1
On December 22, 2003, 1 accompanied you on a site visit to a channel off of Westgate
Road and Fleet Service Drive in Raleigh, NC in order to determine where the stream origin is
located on this property in response to your written request (dated December 16, 2003 -
received on December 17, 2003) for appeal of an earlier Division of Water Quality determination.
At Flag W-6, there is a significant head cut (about two feet in relief), bedrock or saprolite is
present as well as amphipods. Above this point, these factors were not present. Therefore I
concur with Ms. Edwards of the Division of Water Quality that the channel is at least an
intermittent stream at this point and therefore subject to the Neuse River Riparian Protection
Rules (15A NCAC 2B .0233).
This completes the Administrative appeal process for the Riparian Buffer Protection rules
as outlined in 15A NCAC 2B .0233 (3)(a). If you do not agree with this decision, you may
request an adjudicatory hearing. You must act within 60 days of the date that you receive this
letter. 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, P.O. Box 27447,
Raleigh, N.C. 27611-7447. This decision is final and binding unless you ask for a hearing.
Please call me at 919-733-9646 if you have any questions.
Cc: Debbie Edwards, DWQ Ralei
File copy
Central files
Si cerely yours,
n orney
g gional Office
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone]
"D
Customer Service
1-877-623-6748

Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
December 16, 2003
NCDENR-DWQ
Attn: Mr. John Dorney
2321 Crabtree Blvd
Parkview Building
Raleigh, NC 27604
RE: Buffer Appeal
Westgate Road Property
Wake County, North Carolina
S&EC Project #: 8288 W-1

Dear Mr. Dorney:
Walter Cole
Project Manager
On November 24, 2003, S&EC conducted a site visit with Ms. Debbie Edwards at
the Westgate Road property to verify the Neuse Buffer Start Points. Upon further
investigation, we do not believe that Feature A (see attached maps) should be subject to
the riparian buffers rules at Flag W-6 as chosen by M$. Edwards due to the lack of a
distinct bed and bank, lack of sinuosity, and the presence of fibrous roots within the
drainage. We would like.to request that an additional site visit be conducted in order to
determine at what point this feature should be subject to the buffer rules. Please review
the attached maps and I look forward to our site meeting on December 22, 2003 at 3:00.
We can meet at the cul-de-sac on fleet service drive as shown on the attached map.

Sincerely,
Soil & Environmental Consultants, PA
P
WETLANDS1401 GROUP
DEC 1 7 2003
WATER QUAL1 T'S
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Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
Hickory Office:
622 Coon Mountain Lane
Taylorsville, NC 28681
Phone [phone]
Fax: [phone]
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11-18-2003
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SCALE: 1' = 1320'
PROJECT# 8288 W-1
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PROJECT MGR: WC
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DATE: NOVEMBER 2003,
FIGURE 2 - SOIL SURVEY
Soil & Environmental Consultants, FA
WESTGATE ROAD SITE
GEOTECHNOLOGIES, INC iiyv
1 1010 Raven Ridge Rd- -- Raleigh, NC 27614
[phone] - [phone]
WAKE COUNTY, NC Web Page: www.SandEC.com
11-18-2003
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FIGURE 1 - USGS QUAD.
PROJECT# 8288 W-1
WESTGATE ROAD SITE
PROJECT MGR: WC GEOTECHNOLOGIES, INC
DATE: NOVEMBER 2003 WAKE COUNTY, NC
SOUTHEAST DURHAM, NC
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NINA 5255 IV NE-SERIES V942
Soil &.Environmental Consultants, PA
11010 Raven Ridge Rd. -- Raleigh, NC 27614
[phone] -- [phone]
Web Page: www.SandEC.com