20100364 Ver 1_Buffer Determination Request_20100512

20100364
Soil & Environmental Consultants, PA
11010 Raven Ridge Road - Raleigh, North Carolina 27614 - Phone: [phone] - Fax: [phone]
www.SandEC.com
May 11, 2010
S&EC Project # 11461.P1
To: Coleen H. Sullins, Division of Water Quality Director
c/o Amy Chapman, 401 Oversight/Express Permitting Review Unit Q (t-,--
2 321 n ?.
2321 Crabtree Blvd, Suite 250 v ,
Raleigh, NC 27604 fJAY 2010
From: Debbie Edwards, S&EC, PA DENR-WATER 09ALP
WETLANDS AND STORNIMATER BRANCH
RE: Appeal of NBRRO 08-194
Benson Memorial Methodist Church, Raleigh, Wake County, North Carolina
On behalf of the property owner, Benson Memorial Methodist Church & Rev. Skip Williams, we
request an appeal of the buffer determination performed by Mr. Martin Richmond for the Benson
Memorial Methodist Church property (NBRRO 08-194). Mr. Richmond met Mr. Gene Ellis on
site and determined that feature "A" that is depicted on the Wake County Soil Survey is subject
to the Neuse Buffer Rule (see attached DWQ Buffer Determination Letter). However, we
believe this feature lacks the necessary indicators of an intermittent stream channel. Therefore,
we request a re-evaluation of the feature. Please accept this letter as an official request. Your
help in clarifying the status of this feature is greatly appreciated.
Please contact me by email dedwards(asandec.com or phone, 919-846-5900 at your earliest
convenience to coordinate a site meeting for re-evaluating the feature in question.
Sincerely,
Soil & Environmental Consultants, PA
Debbie Edwards
Environmental Specialist
Enclosures:
1) USGS site vicinity map
2) Wake County Soil Survey
3) DWQ Stream Determination Letter (NBRRO 08-194)
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
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f] 'C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
December 19, 2008
REISSUED
Gene Ellis
Benson Memorial Methodist Church
6110 Parker Croft Ct.
Raleigh, NC 27609
NB RRO#08-194
Wake County
BASIN:
Neuse River X Tar-Pamlico
(15A NCAC 2B .0233) (15A NCAC 2B .0259)
Project Name: Benson Memorial Methodist Church
Location/Directions: Subject property is located at 4706 Creedmoor Rd in Raleigh; USGS Raleigh West, NRCS
Wake County Sheet 38
Subject Stream: UT to Crabtree Creek
Date of Determination: August 8, 2008
Feature(s) Not
Subject Subject Start @ Stop@ Stream
Form Pts. Soil Survey USGS
Topo
A X Upper Culvert 20.5 X
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality.
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 Cyndi Karoly , 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 ad judicatory 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 1508 of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This N"w- Carolipa
determination is final and binding unless you ask for a hearing within 60 days. ;
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Intemet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh. NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Anion Employer - 50% RecycW10% Post Consumer Paper
Benson Memorial Methodist Church
Wake County
December 19, 2008
Page 2 of 2
The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property
(stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries
should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army
Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441.
Respectfully,
Martin Rich and
Environmental Specialist
CC: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
RRO/SWP File Copy
N?Caro'na
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Inlemet h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Oppotmity/Affirmative Acfion Employer - 50% RecycleN10% Post Consumer Paper
H CAROLINA - SHEET NUMBER 38
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