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Home My WebLink About20091352 Ver 1_Buffer Determination_20091231C2--d IR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 31, 2009 DWQ EXP# 09-1352 Wake County Mr. Francis Desloge 104 Kensbury Circle Carv, NC 27513 Subject Property: 104 Kensbury Circle Deck Extension, Cary (PIN: 0744-92-1548) On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B .0233) - EXPRESS REVIEW PROGRAM Dear Mr. Desloge: On December 30, 2009, at your request, 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 December 31, 2009. The Division of Water Quality (DWQ) has determined that the following: • Feature "A" is subject to the Neuse Buffer Rule on the property. The feature is an intermittent stream. The feature has been piped and is subject to the Neuse Buffer Rule where the stream ceases to be piped at points "A 1" and "A2" (see attached Buffer Interpretation/Clarification #2008-018). A 50-foot tape measure was used in the field to mark the buffer location. 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/lmg 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Phone: 919-733-1786 I FAX: 919-733-6893 Internet: http://h2o.enr.state.nc.us/ncwetlands/ Sincere 411? ' ly, ?Coleen H. Sullins NoOne fthCarolina N I ahmallr* An Equal opportunity 1 Affirmative Action Employer Mr. Francis Desloge Page 2 of 2 December 31, 2009 Attachments: Wake County Soil Survey Map USGS Topographic Map Buffer Interpretation/Clarification #2008-018 cc: Lauren Witherspoon, DWQ Raleigh Regional Office File Copy Slfi? WAK F CO HNTY. NORTH CAROLI I TerraServer Image Courtesy of the USGS Send To Printer Back To Te:rraSt:rver Change to 11x17 Print Size Show Grid Lines _ USES Cary, North Carolina, United States 01 Jul 1987 If? F Page 1 of 1 Change to Landscape ol, ..,.,.?...,. .+.. ........ ... ....... e--UW .. t. ?P e, o' zoom o' zooyd Nut Carokna Envronrr as Image courtesy of the U.S. Geological Survey Management Management C?of;? 2004 Microsoft Corporation. Terms of Use Privacy Statement Fknr r,,.;.,,? ? ta0 0 http://terraserver-usa.com/PrintImage.aspx?T=2&S=11 &Z=17&X=1739&Y=9907&W=2... 12/29/2009 of WA rFq Michael F. Easley \O? QG Governor U) William G. Ross, Jr., Secretary ] Department of Environment and Natural Resources D -C Coleen, H. Sullins, Director Division of Water Quality March 10, 2008 Buffer Interpretation/Clarification #2008-018 MEMORANDUM RE: There has been a need to clarify how to measure the 50-foot buffer at the point where a stream ceases to be piped or "daylights" (the start point of a stream) as well as how to measure the 50-foot buffer at the point where a "daylighted" stream becomes piped (the stop point of a stream), per the Neuse River Basin Buffer Rule 15A NCAC 2B.0233(4), the Tar-Pamlico River Basin Buffer Rule 15A NCAC 2B.0259(4), the Randleman Lake Water Supply Watershed Buffer Rule 15A NCAC 2B.0250(3), and the Catawba River Basin Buffer Rule 15A NCAC 2B.0243(4). Solution: In the case where a stream has been piped and then daylights, the buffer start point of that stream is a "bubble" arcing 50- feet upstream of the pipe. In the case where a daylighted stream becomes piped, the buffer stop point is a "bubble" arcing 50-feet downstream from the pipe. *The drawing below illustrates the 50 foot buffer "bubble " at the start and stop points of a stream that is subject to the above- mentioned buffer rules*. 7Ws 3ce7ario is only an example Apiped afro from does not have to be inrotved with a roadpropect. yX ?p C4 V $e $ rb ee? ? ,o ?Fmll+nteeeed Be?ru SlowawifhTee? I ?,y gtiA $ edwia,u. 93bLd au?sAad 2a P ?`b O Ad Signature: Date: 401 Wetlands Certification 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: htto://h2o.enr.state.nc.us/newetlands W o ne Carolina 74=1!11 An Pnnal0nnnrhmily/Affirmative Artinn Fmnlnver- V1%Rervrled/10%Pnet CnncumerPaner Page 1 of 1 3 9LK_,? 1 & WAKE C SHE CITY OF RALEIGH COUNTY 104 Kensbury Circle, Cary t, ¦ Copyright 2008 City of R 1??ca,-ham Sa O^7 ft AZ-S-(keaM Cxi 4-1 CA(Vk / Z,/ 3r/a9 http://imaps.co.wake.nc.us/imaps/printmap.asp?pin=0744921548&pinext=000&minX=20... 12/31/2009