20050042 Ver 1_Complete File_20050107

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 14, 2005
Blue River Development Co.
Attn: David Bannister
2117 East US 70
Garner, NC 27529
Subject Property: Blue River Development Project
UT to Big Branch
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ EXP# 05-0042
Wake County
Page 1 of 2
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233)-EXPRESS REVIEW PROGRAM
Dear Mr. Bannister:
On January 13, 2005, at your request I conducted an on-site determination to review two features
located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B
.0233). The features are labeled as "A and B" on the attached maps initialed by me on January
14, 2005.
The Division of Water Quality (DWQ) has determined that the features labeled as "A and
B" on the attached maps are subject to the Neuse Buffer Rule, the origin of both features
have been delineated and flagged in the field as the following: Feature A, the origin is
flagged with blue and red flagging; feature B, the origin is flagged with red and yellow
flagging. These streams and their associated buffers should be identified on any future plans for
this property. 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.
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 John Domey, 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 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
401 Wetlands Certification 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
NorthCarolina
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