20120407 Ver 1_Buffer Determination Request_20120424

2 0 1 2 0 4 0 7
N
W E 3-- BURDETTE LAND CONSULTING, INC
10212 Creedmoor Road Raleigh North Carolina 27615
S Telephone [phone] — Fax [phone]
April 12 2012
Mr Charles Wakild Director
c/o Sharon Higgins
Wetlands Buffers Stormwater Compliance and Permitting Unit
NC Division of Water Quality
1650 Mail Service Center
Raleigh North Carolina 27699 1650
RE E/I Determination Appeal Request
Fryar Tract
Cary Wake County North Carolina APR 1
BLC Protect # 11363 20
IPRRO# 12 050
Dear Mr Wakild
Burdette Land Consulting Inc (BLC) requests a review of the ephemeral /intermittent stream
determination for Feature MMR 1 located on the subject site, which was completed on
February 9 2012 by Mr Martin Richmond of the Raleigh Regional Office of the NC Division of
Water Quality The site is approximately 95 acres in size and located on the north side of Green
Hope School Road (SR 1621) at Highcroft Drive s intersection with Green Hope School Road
northwest of Cary Wake County North Carolina
Mr Richmond determined Feature MMR 1 to be an intermittent stream channel during his site
visit His letter documenting the determinations made on the property is attached BLC
evaluated Feature MMR 1 on August 9 2011 and found the feature scored 18 points on NC
DWQ Stream Identification Form 4 11 BLC believes this feature maybe ephemeral due to a
break in the bed and bank and lack of flow except during wetter than normal conditions The
field verification of this feature was conducted during a particularly wet period Therefore we
request a review of this determination
Sincerely
Burdette Land Consulting Inc
Jenmf A Burdette
Environmental Specialist

A =4.
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild PE Dee Freeman
Governor Director Secretary
April 9 2012
Jennifer Burdette
Burdette Land Consulting Inc
10212 Creedmoor Road
Raleigh North Carolina 27615
IPRRO# 12 050
Wake County
Determination Type
Buffer Call
Isolated or EIP Call
❑ Neuse (15A NCAC 2B 0233)
Soil Survey
USGS To o
® Ephemeral /Intermittent/Perennial Determination
El Tar Pamlico (1 5A NCAC 26 0259)
Flag 107
Flag 225
® Isolated Wetland Determination
❑ Jordan (15A NCAC 2B 0267)
A
Project Name Fryar Tract — Green Hope School Rd Cary
Location/Directions Subject property is currently undeveloped residential/agriculture use
located north side of Green Hope School Rd in Cary
Subject Stream UT s to and Panther Creek
Date of Determination February 9, 2012
Feature
E/I/P*
Start
Sto
Soil Survey
USGS To o
A
I
Flag 107
Flag 225
X
X
A
P
Flag 144
X
X
MRR I
I
Flag 151
B
I
Flag 657
X
C
I
Flag 616
X
X
D
E
X
E
P
Throughout
X
X
F
I
Flag 521
X
G
I
Throughout
X
H
P
Throughout
X
X
IW 1
Flag 546
Flag 553
*EIIIP = Ephemeral /Intermittent /Perennial
No�rthnCarolina
NWA(ra!!y
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Intemet www ncwaterquality org 1628 Marl Service Center Raleigh NC 27699 1628 FAX [phone] 623 6748
An Equal Opportunely /Affirmative Acton Employer — 50 / Recycled /10 h Post Consumer Paper

Fryai Tract — Green Hope School Road
Wake County
April 2012
Page 2 of 2
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 or Delegated Local Authority may request a determination by the
Director An appeal request must be made within sixty (60) days of date of this letter or from the date the affected
party (including downstream and /or adjacent owners) is notified of this letter A request for a determination by the
Director shall be referred to the Director in writing c/o Karen Higgins DWQ WeBSCaPe Unit 1650 Mail Service
Center Raleigh NC 27699
If you dispute the Director s determination you may file a petition for an administrative hearing You must rile the
petition with the Office of Administrative Hearings within sixty (60) days of the receipt of this notice of decision 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 00 am and 5 00
pm except for official state holidays To request a hearing send the original and one (1) copy of the petition to the
Office of Administrative Hearings 6714 Mad Service Center, Raleigh NC 27699 6714 The petition may also be
faxed to the attention of the Office of Administrative Hearings at [phone] provided the original and one (1)
copy of the document is received by the Office of Administrative Hearings within five (5) days following the date of
the fax transmission A copy of the petition must also be served to the Department of Natural Resources c/o Mary
Penny Thompson General Counsel 1601 Mail Service Center Raleigh, NC 27699 1601
This determination is final and binding unless as detailed above you ask for a hearing or appeal within sixty (60)
days
The owner /future owners should notify the Division of Water Quality (including any other Local State and Federal
Agencies) of this decision concerning any future correspondences regarding the subject property (stated above) This
protect may require a Section 404/401 Permit for the proposed activity Any inquiries should be directed to the
Division of Water Quality (Central Office) at [phone] and the US Army Corp of Engineers (Raleigh
Regulatory Field Office) at (919) 554 -4884
Respectfully
Martin hmond
Environmental Specialist
cc WeBSCaPe — 1650 Mail Service Center
RRO /SWP File Copy

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