20120391 Ver 1_Buffer Determination_20120523

J
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld P E Dee Freeman
Governor Director Secretary
May 23 2012
DWQ Project # 2012 0391
Wakc County
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Keller Environmental LLC
Ann Mr Jay Keller
7921 Haymarket Lane
Raleigh TIC 27615
Subject Property Killarney Ridge Loop Properties
On Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
02B 0233)
Dear Mr Keller
On May 22 2012 at your request Ian McMillan and Eric Kulz of the North Carolina Division of Water
Quality (the Division) 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 approximate location
of the feature is labeled as A on the attached map initialed by Ian McMillan on May 23 2012 Division
Staff from the Raleigh Regional Office (Lauren Witherspoon) had previously conducted an on site
determination of the stream In your letter to the Director dated March 29 2012 you requested an appeal
of their determination as provided within 15A NCAC 02B 0233(3)(a)
At your request Ian McMillan and Eric Kulz conducted an appeal of the Regional Office determination
as stated above During Ian McMillan and Eric Kulz s review they evaluated the stream using the DWQ
Stream Classification Form Mr McMillan and Mr Kulz evaluated the stream reach and calculated the
score to be 22 5 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 "MRR 1" on the attached map is at least
"intermittent and is subject to the Neuse Buffer Rule
This determination 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 To 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 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 00am and
Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center Raleigh North Carolina 27u99 1650 NorthCarollna
Phone [phone] FAX [phone]
Internet http / /portal ncdenr org web wq /ws �i9¢9 /Y+�D���/
An Equal Opportunity 1 Affirmative potion Employe i Naturally a/

Keller
Page 2 04- 2
May 23 2012
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 oeti* on rrati be faxed provided the original and -re c ,)„v of the d ^current is *eceived b% the Office
of AdimiraSuauve Hearings within fivc (j) bubinebs uayb tollowutg the taxeci tiatisniibsiun
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 Division (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 Ian McMillan at
[phone] This determination is subject to review as provided in Articles 3 & 4 of G S 150B
Since 1 /�Jl
Charles Wakild P E
CW/kah/asc
Enclosures USGS 7 5 Minute Topographic Quadrangle Map — Cary Quadrangle
cc Lauren Witherspoon DWQ Raleigh Regional Office
File Copy
Filename 1 20391KdameyRidgeLoopProperties (Wake)NBR_Appeal