20110430 Ver 1_Buffer Determination_20110511

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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
May 11, 2011
DWQ EXP# 11-0430
Wake County
Royall Properties
Attn: Mr. Ted Royall
P.O. Box 51507
Durham, NC 27717-1507
Subject Property: Cary Daycare Site (PIN: 0733-75-0402)
On-Site Determination Appeal for Applicability to the Jordan Lake Water Supply Watershed Riparian
Buffer Protection Rules (15A NCAC 2B .0267) - EXPRESS REVIEW PROGRAM
Dear Mr. Royall:
On May 10, 2011, at the request of Mr. John R. Davis, Jr., of Soil Horizons, Inc., Lia Myott Gilleski
conducted an on-site determination to review one stream feature located on the subject property for
applicability to the Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules (15A NCAC
2B .0267). The feature is labeled as "A" on the attached maps initialed by Lia M. Gilleski on May 11,
2011. The Division of Water Quality (DWQ) has determined that the following:
Feature "A" is subject to the Jordan Lake Water Supply Watershed Riparian Buffer Protection
Rules on the property at a point greater than 50 feet from the northern property boundary and
ending at flag, "A 1 - Intermittent stream ends". Near the northern property boundary, the feature
received a score of 22.5 on the NC DWQ Stream Identification Form Version 4.11. The origin
point was not identified during this site visit since it was on the Turner Creek Elementary School
property during school hours. The feature is not subject between flags "Al" and "A2" (the area
that has been used as a landfill and the stream flow is diffused in this area, with no discernable
channel present), but becomes subject again at flag "A2 - Intermittent stream begins".
If you wish to contest any statement in this appeal determination, you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings
(OAH). You must file the petition with the office of Administrative Hearings within thirty (30) 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 OAH 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
401 Oversight/Express Review Permitting Unit One
1650 Plait Service Center, Raleigh, North Carolina 27699-1650 NorthCarolina
Location: Archdale Bldg., 512 N. Salisbury St, Raleigh, NC 27604
Phone: [phone] FAX: [phone] Naturallff
Internet: http://portal.ncdenr.org/web/wq/swp/ws/401
An Equal Opportunity 1 Affirmative Action Employer
Royall Properties
Page 2 of 2
May 11, 2011
Telephone: [phone], Facsimile: [phone]
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 of the Jordan Lake Water Supply Watershed Riparian Buffer
Protection Rules to the stream feature(s) listed above according to current DWQ standards and does not
approve any activity within the streams or address features that were not observed during the site visit.
Nor does this letter approve any activity within Waters of the United States or Waters of the State. This
determination is subject to review as provided in Articles 3 & 4 of G.S. 150B. If you have any questions,
please contact Lia Myott Gilleski at 919.807.6446.
Sincerely,
?a??'
aVe'L-Coleen H. Sullins
CHSIkah/lmg
Attachments: Wake County Soil Survey Map
USGS Topographic Map
cc: Martin Richmond, DWQ Raleigh Regional Office
File Copy
John Davis, Soil Horizons, P.O. Box 1063, Youngsville, NC 27596
Emanuel & Tony Chavis, 2217 NC 55 Hwy, Apex, NC 27502-8543
Betsy Pearce, Wake Co. Environmental Services, Water Quality Division, 336 Fayetteville St,
Raleigh, NC 27602
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Wake County Soil Map # 55.
SOIL HORIZONS, Inc.
Date: 02/26/2010 PO Box 1063
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Proposed Cary Daycare Site
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Date: May, 2010 PO Box 1063
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USGS Map
Proposed Cary Daycare Site
Wake County, North Carolina
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