20041722 Ver 1_COMPLETE FILE_20010103

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-C Alan W. Klimek, P.E. Director
Division of Water Quality
November 1, 2004
DWQ EXP# 04-1722
Wake County
Jones & Chossen
Attn: Sean Dolle
106 West Chatham St.
Apex, NC 27502
Subject Property: Trenton Road Property
UT to Reedy Creek Lake
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233)-EXPRESS REVIEW PROGRAM
Dear Mr. Dolle:
On November 1, 2004, at your request I conducted an on-site determination to review one
feature located on the subject property for applicability to tl?e Neuse Buffer Rules (15A NCAC
2B.0233). The feature is labeled as "A" on the attached maps initialed by me on November 1,
2004.
The Division of Water Quality (DWQ) has determined that the feature labeled as "A" on
the attached maps is not subject to the Neuse Buffer Rule. 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 Dorney, 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
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
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 25604
Phone: [phone] /FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
Nye Carolina
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Jones & Chossen
Page 2 of 2
11/1/04
or Waters of the State. If you have any additional questions or require additional information
please call Deborah Edwards at (919)'733-9502.
Sincerely,
Y / Alan W. Klimek, P.E.
AWK/dae
Attachments: Wake County Soil Survey map
USGS Raleigh West Quad map
cc: Mike Horan, DWQ Raleigh Regional Office
File Copy
Central Files
Aaron Cooper-S&EC
Filename 041722TrentonRd(Wake)EXP+origin