Bentley Woods SD

LT X_ WA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
The Wooten Company
Attn: John Core
120 N. Boylan Avenue
Raleigh, NC 27603
April 12, 2010
Dee Freeman
Secretary
NBRRO 07-284 Revised
County: Wake
BASIN:
Neuse River X
Tar-Pamlico
(15A NCAC 2B .0233)
(15A NCAC 2B .0259)
Complaint NOV Buffer Determination X
Incident # Appeal Call
Project Name: Bentley Woods Subdivision
Location/Directions: located west of Hwy 401, between Perry Creek Road and Fox Road, South of Fox
Road, east of Perry Creek in Raleigh
Subject Stream: UT to Perry Creek
Date of Determination: 12/6/07
Feature(s) Not
Subject Subject Start @ Stop@ Stream
Form
Pts. Soil
Survey USGS
Topo
A X X
B X X
C X (between culverts behind lots
7412 and 7410 Beaverwood x
D X X
E X X
F X X
G X X
H X X
I X Fla I X
J X X
Pond 1 X (stream is subject - No pond is
resent x
NorthCarolina
Naturally
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
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 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.
Respectfully,
Lauren C. Witherspoon ???
Environmental Senior Specialist
CC: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
RRO/SWP File Copy
O? W A r?9 ,miamc, r. CHaicy, lovvcn wi
O? pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
0 Division of Water Quality
December 13, 2007
The Wooten Company
Attn: Stephanie Bliss
120 N. Boylan Avenue
Raleigh, NC 27603
NBRRO 07-284
County: Wake
BASIN:
Neuse River X Tar-Pamlico
(15A NCAC 2B .0233) (15A NCAC 2B.0259)
Complaint NOV Buffer Determination X
Incident # Appeal Call
Project Name: Bentley Woods Subdivision
Location/Directions: located west of Hwy 401, between Perry Creek Road and Fox Road, South of Fox Road, east
of Perry Creek in Raleigh
Subject Stream: UT to Perry Creek
Date of Determination: 12/6/07
Feature(s) Not
Subject Subject Start @ Stop
@ Stream
Form
Pts. Soil
Survey USGS
Topo
A X X
B X X
C X (between culverts behind lots 7412
and 7410 Beaverwood X
D X X
)E X X
F X X
G X X
H X X
I X Fla I X
J X X
Pond 1 X X
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 cbaracterMcs that qualify it to be a stream. There may be to Caro ; a
rrra?f
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
( Intemet; I120.ennstate.ne.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone].623-6748
An Equal Opportunity/AfGtmative Action Employer- 50%Recydedlto°,6 Post Consumer Paper
IL!'IJlV!
Page 2 of 2
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
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 4041401 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.
Respectfully,
Lauren C. Witherspoon
Environmental Senior Specialist
CC: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
RRO/SWP File Copy
Central Files
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North Caro Iina
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North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet h2o.enr.state.no us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone].623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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