20191319 Ver 1_Buffer Appeal Letter_20191113

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
UNDA CULPEPPER
Director
Jenna Properties LLC
Attn: Mohamed Kayyali, Registered Agent
1031 Trinity Ridge Rd Suite #103
Raleigh, NC 27607
NORTH CAROLINA
Environmental Quality
November 13, 2019 DWQ Project # 2019-1319
Wake County
Subject Property: 2516, 2519, 2520 Prince Drive
UT to Swift Creek
On -Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 02B .0233)
Dear Mr. Kayyali:
On September 30, 2019, the Division of Water Resources (DWR) received your request to appeal an
on -site determination made by DWR Raleigh Regional Office as provided in 15A NCAC 02B.0233 (3). On
November 7, 2019, Niki Maher and Shelton Sullivan of DWR, conducted an on -site determination to
review features located on the subject properties for applicability to the Neuse Buffer Rules (15A NCAC
2B .0233).
The feature that was evaluated is labeled as "A Upstream" and "A Downstream" on the attached map
initialed by Niki Maher on November 12, 2019. During their review, staff evaluated the feature at two
locations using the DWR Stream Classification Form. Feature A Upstream was evaluated to have a score
of 18 on the DWR form. Feature A Downstream was evaluated to have a score of 26 on the form. The
form states that if the score is "greater than or equal to 19 points, the stream is at least intermittent."
The forms are attached to this letter.
The DWR has determined that the feature labeled A Upstream on the attached map is
"ephemeral" and not subject to the Neuse Buffer Rule and the feature labeled A Downstream
on the attached map is "intermittent" and subject to the Neuse Buffer Rule.
This determination shall replace the determination originally performed by the DWR Raleigh Regional
Office and shall expire five years from the date of this letter.
This determination can be contested as provided in General Statute 150E by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty
(60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at [phone] for information. A petition is considered filed when the original and one (1) copy
North Carolina Department of Environmental Quality Division of Water Resources
ji��D_IEQ 512 North Salisbury Street 1 1617 Mall Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

If sending via U.S. Postal Service
Prince Drive
Wake County
Page 2 of 5
If sending via delivery service (UPS, FedEx, etc.)
Sincerely,
V/
� 0- *--.Ir
Filename: 20191319_Pri nceD r_Wa ke_Buffe rAppea I Ltr

Prince Drive
Wake County
Page 3 of 5
USGS Topo Map- 2019 Lake Wheeler quad, 1:24,000 scale
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NRCS Soil Survey- 1970 Wake County Map, Sheet 67
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