20100586 Ver 1_Buffer Determination Appeal Request_20100721

Steve Mitchell Environmental Consulting
1813 Lancaster Drive
Gamer, North Carolina 27529
919-550-9055(h)
919-971-6598 (c) srmitchell5l @yahoo.com
May 19, 2005
Ms Colleen Sullens
North Carolina DENR
Director: Division of Water Quality
C/O Mr. Ian McMillan
1650 Mail Service Center
401 Wetlands Unit
Raleigh, North Carolina
27699-1650
Dear Mr. McMillan:
20100586
JUL 2 1 2010
WETLAIVENR - WATER QUALlTv
AND •+TORM-WATER BRANCH
This letter is being directed to you in an attempt to resolve the dispute of an on-site determination
made by Ms Lauren Witherspoon of the Raleigh Regional Office (RRO). The property in question
is, and has been owned by Mr. Art Alexander and/or his family since the 1940's. I have spoken with
Ms Witherspoon and attached her E mail in support of this request.
This second opinion determination is being requested as provided for in Article 3 and 4 of General
Statute 150B. This states that surface waters that appear on the maps (USGS and County Soils) shall
not be subject to this Rule if an on-site determination shows they fall into one of the following
categories:
(i) Ditches and man made conveyances.....
(ii) Manmade ponds.
(iii) Ephemeral streams.
There are two features represented on the Wake County Soils map, while one is shown on the USGS
quad. It is our contention that the main feature is at best a modified channel conveying storm water
from the upstream and off-site of the subject property through this manmade ditch. It appears that
the other "stream" traverses two different soil types and does not attain the required scoring as per
the NC DWQ Stream Identification Form.
Please advise me as to your earliest availability to conduct an onsite evaluation of this drainage
feature. I can be reached at either [phone] or 550-9055. Thank
you in advance for your prompt consideration of this matter.
Sincerely,
Steve Mitchell

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From: Witherspoon, Lauren ([e-mail])
To: snnitchell5 l @yahoo.com;
Date: Mon, July 12, 2010 9:12:17 PM
Cc:
Subject: RE: Yeargan Road at Highway 70
Steve,
I would welcome a second opinion. I emailed Mr. Alexander the letter but
regardless I believe he has the right to appeal my call. Given the fact that he
has a consultant now that will help him go throught the process, which is
important!!!
I will give you a call tomorrow or Wed.
Lauren
From: Steve Mitchell [[e-mail]]
Sent: Monday, July 12, 2010 5:28 PM
To: lauren witherspoon
Subject: Yeargan Road at Highway 70
Hey Lauren,
Been a while. Hope you are doing well.
Don't know if Martin talked with you about this or not.
Mr. Art Alexander owns the site. In the family for over 70 years. Several years ago, my favorite
conslutant, whose initials are Jim Spangler got involved and the entire thing got up. Mr.
Alexander never recieved the letter from your site visit conducted on 1/20/8. I did some digging at
Wetlands and found it. NO address no wonder he did not get it. Seems hMr. Alexander even visited the
RRO. Found that in an e mail.
First question is Number 1, Is the property still subject to a second opinion since the letter was not rec'd?
That being said, feature score weakly but looks like a stream to me (I did not say that).
Second question B, would you oppose my asking for a second opinion evaluation assuming he is
allowed one, now that the previous environmentalist is out of the picture and I am acting on Mr
Alexander behalf?
Give me a call when you get a chance Tuesday or Wednesday. I will be on vaca in the mountains after
that. 971-6598.
Thanks in advance. Mitchell
http://us.mg3.mail.yahoo.com/dc/launch?.gx--I&.rand=aevei dqql... 7/19/2010