20061700 Ver 1_Buffer Determination_20061201

p~pF W ATFgPG Michael F. Easley, Governor
~ .y William G. Ross Jr., Secretary
t-- North Carolina Department of Environment and Natural Resources
~_ ~
~ `C Alan W. Klimek, P.E. Director
Division of Water Quality
December 1, 2006
DWQ Project # 06-1700
Orange County
Page 1 of 2
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Matt Bolesky
60 Sun Forest Way
Chapel Hill, NC 27517
Subject Property: 60 Sun Valley Way
Chapel Hill, NC
On-Site Intermittent/Perennial Stream Determination
Dear Mr. Bolesky:
On November 28, 2006, at your request, Ian McMillan of DWQ conducted an appeal of the
Raleigh Regional Office's previous on-site determination to review a stream feature located on
the subject property for intermittent/perennial determination. The stream feature is labeled as
"A" on the attached map initialed by Eric Kulz on September 12, 2006 and Ian McMillan on
November 28, 2006.
The Division of Water Quality (DWQ) has determined that the stream feature labeled as
"A" on the attached map is perennial. 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 (5) years from the date of this letter.
Individuals that dispute a determination by the DWQ or Delegated Local Authority that
"exempts" surface water from the buffer rule may initiate an administrative hearing from the
Office of Administrative Hearings. You must act within 60 days of the date of receipt of 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 1506 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
N oe Carolina
~turally
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: http://h2o.enr.state.nc.us/ncwetlands
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Matt Bolesky
Page 2 of 2
December ], 2006
or Waters of the State. If you have any additional questions or require additional information
please call Ian McMillan at [phone].
Sinc ly,
Cyndi Karoly,
401 Oversight/Express Review Permitting Unit
CBK/ijm
Enclosures: Chapel Hill/Farrington USGS Topo Map
Orange County Soil Survey Map
cc: Mr. Eric Kulz, DWQ Raleigh Regional Office
Jason Payne, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
File Copy
Central Files
Filename: 061700_60Su o Valley W ay(Ora nge)APPEAL_DET
N°0e Caro 'na
J~atura~y
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: htto:!/h2o.enr.state.nc.us/ncwetlands
An Equal OppartunitylAffinnative Action Employer- 50°.6 Recycledll0~° Post Consumer Paper