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Home My WebLink About20120407 Ver 1_Buffer Determination_20120508r�& PIWA MCDENR North C'aroma Department of Environment and Natural Resources D vision of Water Quality Beverly Eaves Perdue Charles Wakdd P E Governor Director May 8 20 12 CERTIFIED MAIL RETURN RECEIPT REQUESTED Burdette Land Consulting Inc Attn Mrs Jennifer Burdette 10212 Creedmoor Road Raleigh NC 27615 Subject Property Fryar Tract on Green )Elope School Rd, Cary Dee Freeman Secretary DWQ Project # 2012 0407 Wake County On Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 02B 0233) Dear Mrs Burdette On May 4 2012 at your request Amy Chapman conducted an on site determination to review 1 feature located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 02B 0233) The feature is labeled as A on the attached map initialed by Amy Chapman on May 8 2012 Division of Water Quality (DWQ) Staff from the Raleigh Regional Office (Martin Richmond) had previously conducted an on site determination of the stream In your letter to the Director dated April 12 2012 you requested an appeal of their determination as provided within 15A NCAC 02B 0233(3)(a) At your request Amy Chapman conducted an appeal of the Regional Office determination as stated above During Amy Chapman s review she evaluated the stream using the DWQ Stream Classification Form She evaluated the stream reach and calculated the score to be 215 points The form states that if the score is greater than or equal to 19 points the stream is at least intermittent The DWQ has determined that the stream labeled as i MRR 1" on the attached map is at least "intermittent' and is subject to the Neuse Buffer Rule This deternnunation shall replace the determination originally performed by the Regional Office and shall expire five 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 Fo contest the Director s decision you must file a petition for an administrative hearing You may obtain the petition form from the office of Administrative hearings You must file the petition with the office of Administrative Hearings within sixty calendar (60) days of receipt of this notice A petition is considered filed when it is rece,ved 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 00am and 5 00pm except for official state nolidays The of iginal and one C) copy of +!-e petit o^ ri,.A be fled ith the 0'*'ce of Ad•niristrative 4ea� ngs NorthCalohna Burdette Page 2 of 2 May 8 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 mail rg address for the Office of Ad-nm stra* re Hearings Office of Administrative Hearings 6714 Mail Service Center Raleigh NC 27699 6714 Telephone (919) 431 3000 Fax (919) 431 3100 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 (919) 807 6300 This determination is subject to review as provided in Articles 3 & 4 of G S 150B CW/kah/asc Enclosures Topo map cc Lauren Witherspoon DWQ Raleigh Regional Office File Copy Sincerely r &LLB 4V-�- Charles Wakild P E Filename 120407FryarTract(Wake)NBR Appeal a t l � XNJ 4(11 im or �0 +L, ■ Complete items 1 2 and 3 Also complete A.Signat Item 4 If Restricted Delivery is desired ❑Agent ■ Print your name and address on the reverse X dresses so that we can return the card to you g by (printed Name) C Date of Delivery ■ Attach this card to the back of the madpiece or on the front if space permits 1 Article Addressed to D Is delivery address different from Rem 1? ❑ Yes If YES enter delivery address below ❑ No ( BURDETTE LAN �ULTING INS f JENNIFER BU ETTE 5/15/1$ 10212 CREE MOON ? RALEIGH NC 7615 Y 6 ZQi2 DWQ 12 040 AKE COUNTY Yq r 3 Service Type �Cerdfied Mail ❑ Express Mall ❑ Registered `�ietum Receipt for Merchandise ❑ Insured Mad ❑ C O D 4 Restricted Delivery? P tra Fee) ❑ Yes 2 Article Number I I , i 7009 2250 0000 8087 3843 (transfer' from service IabeQ i PS Form 3811 February 2004 Domestic Return Receipt 102595.02 M 154( UNITED STATES POSTAL SERVICE First Class Mail Postage & Fees Paid USPS Permit No G-10 • Sender Please print your name address and ZIP+4 In this box • DENR — DWQ— WeBSCaPe Unit 1650 MAIL SERVICE CENTER RALEIGH NC 27699 1650 IIIIIIIIIIIIIIIIIIIIIII Its I„IIIII1„i111ll 11111 111111111111