20110354 Ver 1_Buffer Determination_20110421

10M NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H' Sullins Dee Freeman
Governor Director Secretary
April 21, 2011
DWQ EXP# 11-0354
Wake County
Branch Bank and Trust Company
Attn: Mr. M. Leland Bobo II, Asst. VP
6400 Arlington Blvd, Ste 1200
Falls Church, VA 22042
Subject Property: Project DCX in Zebulon, NC (PINS: 1796910996,1796911846,1796912790,
1796914437,1796915308,1796917039,1796809670,1795993938,1795993938, & 1795899685)
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233) - EXPRESS REVIEW PROGRAM
Dear Mr. Bobo:
On April 20, 2011, at the request of Mr. Michael Iagnocco, of STV/Ralph Whitehead Associates, Lia
Myott Gilleski conducted an on-site determination to review six stream features located on the subject
property for applicability to the Neuse Buffer Rules (15A NCAC 2B.0233). The features are labeled as
"A" through "I" on the attached maps initialed by Lia M. Gilleski on April 21, 2011. The Division of
Water Quality (DWQ) has determined that the following:
• Feature "A" is not subject to the Neuse Buffer Rule on the property as it is an ephemeral/ditch
complex.
• Feature "B" is not subject to the Neuse Buffer Rule on the property since it is an ephemeral
ditch.
• Feature "C" is not subject to the Neuse Buffer Rule on the property since the pond is not
connected to a subject stream.
• Feature "D" is not subject to the Neuse Buffer Rule on the property since the pond is not
connected to a subject stream. The feature at the pond outlet is man made through high ground.
• Feature "E" is not subject to the Neuse Buffer Rule since the pond has been drained and is now a
wetland.
• Feature "F" is subject to the Neuse Buffer Rule on the property since it is an intermittent stream
beginning in the old pond bed. The feature transitions to a perennial stream at the confluence of
Feature F and Feature G.
• Feature "G" is subject to the Neuse Buffer Rule on the property at the flag, "G 1" - Intermittent
stream begins.
• Feature "H" is subject to the Neuse Buffer Rule on the property. It was uncontested and not
visited during the April 20, 2011 field visit.
• Feature "I" is subject to the Neuse Buffer Rule on the property. It was uncontested and not
visited during the April 20, 2011 field visit.
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
401 Oversight/Express Review Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NorthCarohna
Location: Archdale Bldg., 512 N. Salisbury St, Raleigh, NC 27604 Natunilik
Phone: [phone] FAX: [phone] Internet: http://portal.ncdenr.org/web/wq/swp/ws/401
An Equal Opportunity 1 Affirmative Action Employer
Branch Bank and Trust Company
Page 2 of 2
April 21, 2011
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, 1650 Mail Service Center, Raleigh, NC 27699-1650. 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 919.807.640.
CHS/Um/lmg
Attachments: Wake County Soil Survey Map
USGS Topographic Map
Sincer y,
c ?
Coleen H. Sullins
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Mike Iagnocco, STV/Ralph Whitehead Associates, 1000 West Morehead St, Ste 200, Charlotte, NC
28208
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