20100012 Ver 1_Buffer Determination_20100407

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NCDEE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 7, 2010
Black Mountain Development Company
Attn: Mr. Nick Francis
203 Chalon Drive
Cary, NC 27511
Subject Property: Water Garden Property-8500 Glenwood Ave, Raleigh
DWQ # 10-0012
Wake County
On-Site Review of a Buffer Restoration on a Subject Stream Feature per the Neuse Riparian Area
Protection Rules (15A NCAC 2B .0233)
Dear Mr. Francis:
On March 29, 2010, at the request of your consultant, Amy Chapman conducted an on-site review of the
buffer restoration per the Neuse Buffer Rules (15A NCAC 2B .0233 and 15A NCAC 2B.0242) along the
newly formed stream feature as a result of the ponds being drained on the subject property. The feature is
labeled as "A" on the attached maps initialed by Eric Kulz on January 11, 2010 and Amy Chapman on
April 5, 2010. The Division of Water Quality (DWQ) has determined that the following:
Feature "A" is subject to the Neuse Buffer Rule throughout the property. The ponds on the maps
have been drained. The buffer adjacent to the newly formed stream had been planted. However,
there were areas of the buffer that would need to be replanted due to recent rains that resulted in
flooding of the newly planted vegetation. You must replant the trees that were flooded in the
buffer. You must also ensure all of the trees in the entire Zone 1 buffer of the newly formed
stream survive for a period of at least five (5) years. You are required to replace any of these
trees that die within this five (5) year period.
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 Ian McMillan, 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
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:11h2o.enr.state.nc,us/ncwetlands/
NorthCarolina
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An Equal Opportunity 1 Affirmative Action Employer
Black Mountain Development
Page 2 of 2
April 7, 2010
State. If you have any questions, please contact Amy Chapman at 919-733-1786.
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Attachments: Wake County Soil Survey Map
USGS Topographic Map
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
EcoEngineering, Attn: Mr. Kevin Yates, PO Box 14005, Research Triangle Park, NC 27709
File Copy
File Name: 100012WaterGardensProperty(Wake)NBR_DET
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Name: BAYLEAF Location: 035° 52'57.84" N 078° 44'03.29" W NAD 27
Date: 1/7/2010 Caption: Water Garden Site - Glenwood Avenue
Scale: 1 inch equals 1000 feet b 1
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