HomeMy WebLinkAbout20081750 Ver 1_Jurisdictional Determination_20090109?GF w gTF,9p Michael F. Easley, Governor
o
G
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
January 9, 2009
DWQ EXP# 08-1750
Johnston County
Mr. John Barber
P.O. Box 7
Clayton, NC 27520
Subject Property: Clayton Green Wilson Street (PIN: 166914-24-5585)
Dear Mr. Barber:
On November 25, 2008, at the request of Mr. Jamie Guerrero of PNT Environmental Consultants, Lia Myott
Gilleski 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 "A" on the attached
maps initialed by Lia M. Gilleski on November 25, 2008. On January 2, 2009, Mr. Adam Carter of Wetland
Solutions, LLC, contacted this office to request further jurisdictional determination regarding the pond on the
property. The Division of Water Quality (DWQ) has determined that the following:
Feature "A" (including the pond) is not subject to the Neuse Buffer Rule on the property. Although the
stream on the subject property has very well defined geomorphology, the hydrology and biology of the
stream was lacking; therefore, the stream was deemed ephemeral by DWQ.
The pond on the subject property shown on the county soil survey that is associated with Feature "A" is
not subject to the buffer rule, nor is it considered a jurisdictional wetland. The pond is a State
jurisdictional open water.
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 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 Review Permitting Unit, 2321 Crabtree Blvd.,
Raleigh, NC 27604-2260. 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. 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 questions, please contact Lia Myott Gilleski at 919.733.9502.
ncerely, f
Coleen H. Sullins
CHS/cbk/lmg
101 Oversight / Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
1321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
'hone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/newetlands
One
NorthCarolina
Natu'rallif
M Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. John Barber
Page 2 of 2
January 9, 2009
Attachments: Johnston County Soil Survey Map
USGS Topographic Map
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
Matt Matthews, DWQ Branch Manager
File Copy
Mr. Adam Carter, Wetland Solutions, LLC, PO Box 244, Bunnlevel, NC 28323
Mr. Bill Owen, United Developers, 2939 Breezewood Ave., Suite #201, Fayetteville, NC 28303
1•cn-aScrrci Inure Cotrrlcsc ol'tlw I IS6S
Send To PnNer
?- x AL CJ
-6-
0 r•
41*.
Ol -J 1liv.t n,?,g v b.c,urtesy of the U.S. Geological Survey zoo., d
;F49 Microsoft Corporation. Terms of Use Privacy Statement
hup:. Icn'atirr?rr u.a.rom'PrinUnl??c.aspx?I 2&'S I I&Z 17KX 19...
Back Tu iF=s ? ,i",e. er Change to I Ix17 Pant Size Show Gnd Unes Change to La -45WO
ZUSGS Clayton, North Carolina, United States 01 kA 1973
I 1 .'.•I 2008 }:'zO I•h'1
?b
0
:i
v
G
:J
V
G
v
V
r
* :J
k ?
i.
z -
'J.
r
* U
Cy
t
v.
G
v.
v
f7
G
v
Y
G
m
0
0
ro
v
Q
v
v
w
G
O
O
U
r-i
v
ro
u
vi
s •.J
Ay
O?O? WATF19pG
0 ii 'C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 26, 2008
Allen & Allen Associates
Attn: Mr. Harvey Allen
136-D Bow Street
Fayetteville, NC 28301
Subject Property: E. Wilson Street Apartments (PIN: 166914-24-5585)
Coleen H. Sullins, Director
Division of Water Quality
DWQ EXP# 08-1750
Johnston County
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233) - EXPRESS REVIEW PROGRAM
Dear Mr. Allen:
On November 25, 2008, at the request of Mr. Jamie Guerrero of PNT Environmental Consultants, Lia Myott
Gilleski 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 "A" on the attached
maps initialed by Lia M. Gilleski on November 25, 2008. The Division of Water Quality (DWQ) has determined
that the following:
• Feature "A" (including the pond) is not subject to the Neuse Buffer Rule on the property. Although the
stream on the subject property has very well defined geomorphology, the hydrology and biology of the
stream was lacking; therefore, the stream was deemed ephemeral by DWQ.
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 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 Review Permitting Unit, 2321 Crabtree Blvd.,
Raleigh, NC 27604-2260. 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. 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 questions, please contact Lia Myott Gilleski at 919.733.9502.
CHS/cbk/Img
Attachments: Johnston County Soil Survey Map
Sincerely,
Coleen H. Sullins
401 Oversight / Express Review Permitting Unit
650 Mail Service Center, Raleigh, North Carolina 27699-1650
021 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
'hone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwctlands
Noy` hCarolina
J?WAW1!y
kn Equal Opportunity/Affirmative Action Employer - 50% Recycled/10%, Post Consumer Paper
Allen & Allen Associates
Page 2 of 2
November 26, 2008
USGS Topographic Map
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
Matt Matthews, DWQ Branch Manager
File Copy
Mr. John T. Barbour, P.O. Box 7, Clayton, NC 27520
Mr. Jamie Guerrero, 34 Castlewood Drive, Clayton, NC 27520