20070737 Ver 1_Buffer Determination_20070509

O~O~ W A T ~~QG
~ ~
Q 'C
May 9, 2007
Whitley Farms Development, Inc.
C/o Steven Sanderson, PE
P.O. Box 2016
Wendell, NC 27591
Subject Property: Legacy Subdivision
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ EXP# 07-0737
Johnston County
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233)-EXPRESS REVIEW PROGRAM
On May 8, 2007, at the request of Jeff Harbour of Environmental Services, Inc., an on-site determination was
conducted to review two stream/pond features located on the subject property for applicability to the Neuse Buffer
Rules (15A NCAC 2B .0233). The features are labeled as "A" and "B" on the attached map, initialed by Lia
Myott on May 9, 2007. The Division of Water Quality (DWQ) has determined that the following:
• Feature "A" is not subject to the Neuse Buffer Rule.
• Feature "B" is not subject to the Neuse Buffer Rule since it has been determined to be a man-made
irrigation pond that has no connection to a jurisdictional stream.
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 Cyndi Karoly, 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 of the stream features listed above and does not
approve any activity within the buffers 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. If you have any
questions, please contact Lia Myott at 919.733.9502.
Sincerely,
~~~
Alan W. Klimek, P.E.
AWK/cbk/lem
Attachments: NRCS Soil Survey Map, USGS Topo Quad Map
cc: Jeff Harbour, Environmental Services, Inc., 524 South New Hope Rd., Raleigh, NC 27610
File Copy
Central Files
401 Oversight /Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Cazolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Cazolina 27604
Phone: [phone] /FAX [phone] /Internet: httn://h2o.enr.state.nc.us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Nye Carolina
~tura!!r~
n.. v......i n_-..a..„:«..inrc.-.....,«:..,, n..«:..., c.....i....,... cnoi n,.,...,.i..aitnoi n.,..«r ............._n.._.,-

p n~ w Q A
dam' ~v o o m•~~~ -,.
m ~~ a,. O N - - - ~ .
6 a mom ~m O. ~ _ ~r {^`~, ,1 { ,_-
N H NN~ryZry ryC m4~ ~~ ~ 0 O Q - ~ ~ ~ "~ Iy l:
F ~ a ~ C1~ Z ~ ~ ° m $ -gyp C1i i n - f 1 f,
5 N n Z Cr1 O m _ ~ ~ O oo ~ . _ 'd 1 l ~ -..
X i
n m ~ f
a ~ z. rt ,
~ "~
_ ~ ~- "~ fit.
c_ ~ - - ~ ~'
!I .~..
N ~~ u ' ,
~ I
p ~~=w,-=~" ~" A ,-• ~ ii
+ ~-.
~ ~ ~ -. t - ---- _ ~_ - ry
~ ~ 'r. , _ __ __ '~.~ o
~ C• ~ T ~ ` tilt tiZy ~, .
_ i ~ L _ys.- ~' ~ .
~ ~ .gym--- ---- J--~~ ~ ~~. ~ ~ --- - .~~.
4 ._ :fir I T- m1J ~ 1 ~ ~ ~ ~'_`l_',,'~'~~
ado... ~ :~ _.. i ..- A Q ~ ~~~_~-~ ."
] y
_ ~. ( ..
~,
_ - ~ r _ ~ ~ ~ _ ~ ~,,
. - .; _ _
~ ~ .0+ ~ -~1a3 )' .'^~_ ' ~~. ~~ ;cep== o-==-=
- !~ ._ iy
O
9
L~~a-~° crx3

Z.~ Lo - ~~ ~x3