20100364 Ver 1_Buffer Determination_20100622

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 22, 2010
Mr. Gene Ellis
Benson Memorial Methodist Church
6110 Parker Croft Ct
Raleigh, NC 27609
Subject Property: Appeal of Benson Memorial Church, Raleigh, NC
DWQ Project #' 2010-0364
Wake County
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0733)-AppeO
Dear Mr. Ellis:
On June 15, 2010, at your consultant's request I 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 stream feature is labeled as "A" on the attached map initialed by Amy Chapman on June 22, 2010.
Division of Water Quality (DWQ) Staff from the Raleigh Regional Office (Martin Richmond) had
previously conducted an on-site determination of the stream feature. In your consultant's letter to the
Director dated May 11, 2010, you requested an appeal of their determination as provided within 15A
NCAC 02B .0233(3)(a).
At your request, I conducted an appeal of the determination as stated above. During my review I
observed the stream feature lacked the hydrology and biology that would be indicative of a stream.
The DWQ has determined that the stream labeled as "A" on the attached map is "ephemeral" and is not
subject to the Neuse Buffer Rule. This determination shall replace the determination originally
performed by the Regional Office.
You can contest the Director's decision as provided in Articles 3 and 4 of G.S. 150B. To contest the
Director's decision you must file a petition for an administrative hearing. You may obtain the petition
form from the office of Administrative hearings. You must file the petition with the office of
Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed
when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and
5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with
the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
401 OversightlExpress 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:llh2o.enr.state.nc.us/ncwetlands/
NorthCarolina
Naturally
An Equal Opportunity 1 Affirmative Action Employer
Benson Memorial Church
Page 2 of 2
June 22, 2010
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter only addresses the applicability to the buffer rules and does not 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 Amy Chapman at [phone].
Sincerely,
Coleen H. Sullins
CHS/lmg/asc
Enclosures: Wake County Soil Survey Map
cc: Martin Richmond, DWQ Raleigh Regional Office
Debbie Edwards, S&EC, 11010 Raven Ridge Rd, Raleigh, NC 27614
File Copy
Filename: 100364BensonMemorialChurch(Wake)NBR_Appeal

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