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HomeMy WebLinkAbout4144 Mittglen Lane CaryNCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, PE Dee Freeman Governor Director Secretary February 1, 2012 Darryl Wolford 4144 Mittglen Lane Cary, NC 27518 Subject: Surface Water Determination Letter NBRRO# 12 -014 Wake County Dear Mr. Wolford: The Raleigh Regional Office of the NC Division of Water Quality/Surface Water Protection Section conducted a site visit at the subject property and is providing the below - listed determination pursuant to your request for a formal surface water determination: BASIN: ® Neuse (15A NCAC 2B .0233) ❑ Tar - Pamlico (15A NCAC 2B .0259) ❑ Ephemeral /Intermittent/Perennial Determination ❑ Isolated Wetland Determination Project Name: 4144 Mittglen Lane Cary Location/Directions: Subject property is a private residence located at the project address Subject Stream: UT to Rocky Branch (Middle Creek) Date of Determination: February 1, 2012 'E/ //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. 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 may request a determination by the O NorehCarolina Aawa!!y North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791 -4200 Customer Service Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX (919) 5714718 1- 877 - 623 -6738 An Equal Opportunity /Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Feature E /I/P* Not Subject Subject Start@ Stop@ Stream Form Pts. Soil USGS To o A X No Feature —Survey X 'E/ //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. 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 may request a determination by the O NorehCarolina Aawa!!y North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791 -4200 Customer Service Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX (919) 5714718 1- 877 - 623 -6738 An Equal Opportunity /Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper 4144 Mittglen Lane Cary Wake County February 1, 2012 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, 1650 Mail Service Center, Raleigh NC 27699 -1650. If you dispute the Director's determination you may rile 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 (919) 733 -3478, provided the original and one (1) copy of the document is received by the Office of Administrative Hearings within rive (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)- 807 -6301, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919) -544 -4884. 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