20041488 Ver 7_Buffer Determination_20120516

LVXWA
N ORR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
May 16 2012
DWQ Project # 2004 1488 v7
Johnston County
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Burdette Land Consulting Inc
Attn Mrs Jennifer Burdette
10212 Creedmoor Road
Raleigh NC 27615
Subject Property Winston Pointe, Clayton
On Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
0233)
Dear Mrs Burdette
On May 4 2012 at your request Amy Chapman conducted an on site determination to review 2 features
located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B 0233) The
features are labeled as Stream B and Stream C on the attached map initialed by Amy Chapman on
May 16 2012 Division of Water Quality (DWQ) Staff from the Central Office in the Express Review
Program (Lia Myott) had previously conducted an on site determination of the streams In your letter to
the Director dated May 2 2012 you requested an appeal of their determination as provided within 15A
NCAC 02B 0233(3)(a)
The DWQ has determined that the stream labeled as "Stream B" on the attached map is at least
"intermittent at flag `132 and the stream labeled as Stream C on the attached may is at least
intermittent at flag C2 and are both subject to the Neuse Buffer Rule
This determination shall replace the determination originally performed by the Central Office in
the Express Review Program and shall expire rive years from the date of this letter
You can contest the Director s decision as provided in Articles 3 and 4 of G S 150B To contest the
Di ector s dec>sior you n L-t file a petition for an admapistratn a hearing You ma) obtain the petition
form from the office of Administrative hearings You must file the petition with the office of
Administrative Hearings within sixty (60) 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 Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8 OOam and
5 OOpm except for orficial state holidays The orig nal and one (1) copy of the pe *rt o^ must be filed w th
the Office of Administrative Hearings
Wetlands Bc tters Stormwater Compliance and Permitting Unit (WeBSCaPe) One
1650 t tai Service Center Raleigh North Carolina 27699 1650 North Carolina
Prone 910-807 0300 FAX 919 ebl q/ws ���' /����
nternet http i'pertal ncdenr orglweb�wglws bi `/
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Burdette
Page 2 of 2
May 16 2012
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
Telephone [phone] Fax [phone]
A copy of the petition must also be served to DENR as follows
Mr William Cary General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 1601
This stream and its associated buffers should be identified on any future plans for this property The
owner (or future owners) should notify the DWQ (and other relevant agencies) of this decision in any
future correspondences concerning this property
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 additional questions or require additional information please call Amy Chapman at
[phone] This determination is subject to review as provided in Articles 3 & 4 of G S 150B
CW /kah/asc
Enclosures Consultant s verification map
cc Lauren Witherspoon DWQ Raleigh Regional Office
File Copy
Sincerely
Charles Wakild P E
Filename 041488v7WmstonPomte (Johnston)NBR_Appeai

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WAN
OK
• from green & 11 L104 , • --
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blue to red I I Stop Isolated
Start Int Ch @ C2
LEGEND
A DRAINAGE DESIGNATIONS
JURISDICTIONAL STREAM CHANNELS THAT ARE CL CENTERLINE
SUBJECT TO THE NEUSE RIVER RIPARIAN
BUFFER RULES
5t r e,o,v r\ 6, 1.-,
5 �-r c- , ; 5
4' � C' a'
A
�j
GRAPHIC SCALE Sv
1 " = 500'
500' 0 500' 1000'
JURISDICTIONAL
WETLANDS
ISOLATED
WETLANDS
NOTES:
1.) THIS MAP IS FOR PRELIMINARY PLANNING PURPOSES ONLY,
2.) THE DESIGNATION AND LIMITS OF THESE FEATURES HAVE NOT BEEN
AND MUST BE VERIFIED BY THE US ARMY CORPS OF ENGINEERS
AND THE NORTH CAROLINA DIVISION OF WATER QUALITY.
3.) THIS MAP IS A COMPILATION OF BLC'S DETAILED SURFACE WATER
AND WETLAND EVALUATION SURVEYED BY STEVIART & PROCTOR
OVERLAYED WITH JOHNSTON COUNTY GIS.
....N....
••
'W + BURDETTE E�. LAND CONSULTING, INC.
10212 Creedmoor Road - Raleigh, North Carolina 27615
Telephone [phone]— Fax [phone]
S'
SURFACE WATER & WETLANDS EVALUATION MAP
WINSTON POINT SUBDIVISION
CLAYTON, JOHNSTON COUNTY, NC
DATE: 05-02 -12
SCALE: F'= 500'
DRAWN BY: JAB
CHK'D BY: JAB
_
PROJECT #: 8243
_
FIGURE: 3