20040766 Ver 1_Buffer Determination_20040520

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~ Alan W. Klimek, P. E. Director
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Coleen H. Sullins, Deputy Director
Division of Water Quality
May 20, 2004
DWQ # 04-0766
Johnston County
Page 1 of 2
Loop Road Development
Attn: Marty Gilbert
273-C Blue Pond Road
Clayton, NC 27520
Subject Property: Timberlake, Phase I & II
UT to Neuse River
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 26 .0233)-EXPRESS REVIEW PROGRAM
Dear Mr. Gilbert:
On May 19, 2004, at your request I conducted an on-site determination to review 2 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 May 19, 2004.
The Division of Water Quality (DWQ) has determined that the feature labeled as "A" on the
attached maps is subject to the Neuse Buffer Rule, this features origin has been delineated
and flagged in the field as #01 (S&EC #307). Feature B is not subject above the pond. All
other features onsite were not contested and therefore remain subject to the Neuse Buffer
Rule. This feature and its 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 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.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/

Loop Road Development
Page 2 of 2
5/20/04
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 Debbie
Edwards at [phone].
Sincerely,
Alan W. Klimek, P.E.,
NC DWQ, Director
Attachments: Johnston County Soil Survey map
USGS Clayton Quad map
cc: Steve Mitchell, DWQ Raleigh Regional Office
File Copy
Central Files
Neal Floyd
DWQ # 04-0766

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