HomeMy WebLinkAbout20081118 Ver 1_Buffer Determination_20080717W A 7-
,-Michael F. Easley, Governor
William G. Ross Jr„ Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
July 17, 2008
DWQ Project # 08-1118
Wake County
Page 1 of 2
Mr. Steve Mitchell
Mitchell Environmental
1813 Lancaster Drive
Garner, NC 27529
Subject Property: 4516 Lake Boone Trail
PIN #0785626386
Raleigh, NC
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233)
Dear Mr, Mitchell
On July 16, 2008, at your request Eric Kulz with the DWQ 401 Oversight and Express Review
Permitting Unit conducted an on-site determination to review one stream feature located on the
subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The Feature
is labeled as "S1" on the attached maps initialed by Mr. Kulz on July 17, 2008.
The Division of Water Quality (DWQ) has determined that the surface water labeled as
"S1" on the attached map is intermittent and is Subject to the Neuse Buffer Rule. The
intermittent origin of this feature was identified at a point "B", located approximately six feet
downstream of the origin of a channel at point "A". The channel reach from point "A" to point
"B" was scored on the stream identification form (Version 3.1) at 13 points. The stream reach
downstream of point "B" was scored at 22.5 points. Stream scoring at least 19 points on the
stream form are considered to be intermittent streams, and are subject to the Neuse Buffer Rule..
This on-site determination shall expire five (5) years from the date of this letter.
The Neuse Riparian Buffer extends 50 feet from the top of the bank of the subject stream. At the
origin point, the buffer also extends in a 50-foot arc upstream and around the origin point. Any
construction activities occurring outside the 50-foot buffer are not subject to any restrictions or
requirements of the buffer rules, except for the need to maintain diffuse flow through the entire
50-foot buffer (15A NCAC 02B.0232 (5)), Stormwater must enter and flow through the buffer
in a diffuse manner. Erosive flows resulting in gullies or rills are not allowed.
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: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.ac.us/ncwetlands
Npyrthe Carolina
Naturally
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Steve Mitchell
Page 2 of 2
July 17, 2008
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 Oversight/Express 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
or Waters of the State. If you have any additional questions or require additional information
please call me at (919) 733-1786.
Sincerely,
Cyndi B. Karoly, Supervisor
401 Oversight/Express Review Permits Unit
CBK/EWK
Enclosures: USGS Topographic Map, NRCS Soil Map, Wake County GIS map
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy (Eric Kulz)
Central Files
Filename: 081118 4516LakeBooneTrailNBR
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: 919-733-1786 / FAX 919-733-6893 / Internet: httn://h2o.enr.state.nc.us/ncwetlands
None hCarolina
Atumlly
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Page 1 of 2
W? ks COUPIT'?'-,ANO `r"E CITY OF IRA?LEIGH
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WAKE
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4516 Lake Boone Trail
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Map created on 7/17/2008 2:36:07 PM.
Copyright 2008. City of Raleigh, Wake
Parcel Number: 0785626386
tiREID: 0222580
OWNER1: WILLIAMS, GARY W
ADDR1: 5009 LENORAWAY DR
ADDR2: RALEIGH NC 27613-1402
ADDR3:
DEED BOOK: 06971
DEED PAGE: 0779
DEED DATE: 5/10/1996
DEED ACRES: 1.92
BLDG VAL: 0
LAND VAL: 376069
BILLING CLASS: INDIVIDUAL
DESCRIPTION: L02 PROP OF CAREY D
WATKINS BM1996-403
'MAP NAME: 078519
PIN NUM: 0785626386
,PIN EXT: 000
'CITY:
.TOWNSHIP: MEREDITH
YEAR BUILT: .0
SALEPRICE: 0
SALEDATE:
TYPE USE:
iDESIGN STYLE:
'UNITS: 0
LAND CLASS: VACANT
:OLD PARCEL NUMBER: -
RALEIGH SITE ADDRESSES I
STREET NUM: 4516
STREET SUITE:
'STREET DIR PRE:
STREET NAME: LAKE BOONE
STREET TYPE: TRL
STREET DIR SUF:
ADDRESS TYPE: Parcel
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