20100586 Ver 1_Buffer Determination NBRRO 08-051_20080222

OF WA TR Michael F. Easley. Governor
9QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resouroes
> -y Colson H. Sullins, Director
0 < Division of Water Quality
February 22, 2008
Art Alexander
NBRRO 0&051
County: Wake
BASIN:
Neuse River Buffer Determination X Tar-Pamlico Buffer Determination
(15A NCAC 2B .0233) (15A NCAC 2B .0259)
Project Name: Yeargan Road Site
Location/Directions: located east of the intersection of Year -n Road and I TS 70 in Garner NC
Subject Stream: UT to Lake Benson
Date of Determination: 2/20/08
Feature(s) Not S
b

A
Subject u
ject
X Start @ Stop@ Stream
Form Pts. Soil
Survey USGS
Topo
Throughout:enters
property at culvert at X X
Year an Road
B X Throughout: enters
property at culvert just X
north of the powerline
easement
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% 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 N Caro i a
?valrrra}?
North Carolina Division of Water Quality Raleigh Regional Office
Internet h2o,encstate Surface Water Protection Phone [phone] Customer Service
.neus 1628 Mail Service Center Raleigh. NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycle&l0% Post Consumer Paper
2/22/08
Page 2 of 2
for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administratlve Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
determination is final and binding unless you ask for a hearing within 60 days.
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,
Lauren C. Witherspoon
Environmental Senior Specialist
CC: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
RRO/SWP File Copy
Central Files
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% RecyclO10% Post Consumer Paper
Carolina
r/Vll?lltl???f
TopoZone - USGS Lake Wheeler (NC) Topo Map Page 1 of 1
M*
4 4.1 4.2 4.3 4.4 4.5 km G
A--?, s LV 6 4.49 4.18 4.27 0.36 4.45 mi
? 1 UTM 17 714561E 3954649N (NAD27)
%i?h i!*w4 USGS Lake Wheeler (NC) Quadrangle M--x,803
py"r Projection is UTM Zone 17 NAD83 Datum G-1.385
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eNe%l le.1-rNI NinP',-H CAR01 INA - ',';HFFT NUMBER 78