20100585 Ver 1_Buffer Determination_20100727

Beverly Eaves Perdue
Governor
July 27, 2010
Dee Freeman
Secretary
DWQ EXP# 10-0585
Johnston County
Mr. Willis Umstead
6580 Cornwallis Road
Garner, NC 27529
Subject Property: Willis Umstead Subdivision (PIN: 163800-45-6474)
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233) - EXPRESS REVIEW PROGRAM

On July 23, 2010, at the request of Mr. Neal Floyd, of Neal Floyd & Associates, Inc., and Lia Myott
Gilleski 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 feature is labeled as "A" on the
attached maps initialed by Lia M. Gilleski on July 26, 2010. The Division of Water Quality (DWQ) has
determined that the following:
• Feature "A" is subject to the Neuse Buffer Rule on the property between the DWQ flags labeled
"Al" (Intermittent stream begins) and "A2" (Intermittent stream ends). The remainder of the
feature (ephemeral stream/linear wetland) is not subject to the Neuse Buffer Rule.
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 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
State. If you have any questions, please contact Lia Myott Gilleski at 919.733.9502.
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:llh2o.enr.state.nc.uslncwetlands/
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
Perely,
Coleen H. Sullins
NonrthCarolina
Naturally
An Equal Opportunity 1 Affirmative Action Employer
Mr. Willis Umstead
Page 2 of 2
July 27, 2010
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Attachments: Johnston County Soil Survey Map
USGS Topographic Map
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Mr. Neal Floyd, Neal Floyd & Associates, Inc., 6621 Arbor Grande Way, Raleigh, NC 27615
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