20041670 Ver 1_Buffer Determination_20041019

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director

October 19, 2004
DWQ EXP # 04-1670
Wake County

Teague-Hankins
Attn: Tom Hankins
8368 Six Forks Road, Suite 202 OCT 2 5 2004
Raleigh, NC 27615

Subject Property: Gibbs Property (67 acres)
UT to New Light Creek

On-Site Determination for Applicability to the Neuse;River Riparian Area Protection Rules
(15A NCAC 2B.0233)-EXPRESS REVIEW PROGRAM

Dear Mr. Hankins:

On October 19, 2004, at your request I conducted an on-site determination to review three
features located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC
2B .0233). The features are labeled as "A, B and C" on the attached maps initialed by me on
October 19, 2004.
The Division of Water Quality (DWQ) has determined that the features labeled as "A and
B" on the attached map ~ s are subject to the Neuse Buffer Rule, the origin of these features
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have been delineated and flagged in the field and are identified as flags 24A & 25A for ~
is not subject to the Neuse Buffer Rule.
4 for feature B. Feature C
feature A and flag 30 ~
Feature D, which is also identified on these maps was not contested and therefore this
feature remains subject to the Neuse Buffer Rule. These features and their 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 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 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 John Dorney, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd.,
Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated
Local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. Applicants are
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 One
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NorthCarohna
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
Natnally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Teague-Hankins
Page 2 of 2
10/19/04

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. DWQ recommends
that the applicant conduct this notification in order to be certain that third party appeals are made
in a timely manner. To ask for a hearing, send a written petition which conforms to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you
ask for a hearing within 60 days.
I
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 Debbie Edwards at [phone].
Sincerely,

Alan. W. Klimek, P.E.

AWK/dae

Attachments: Wake County Soil Survey map
USGS Creedmoor Quad map

cc: Mike Horan, DWQ Raleigh Regional Office
File Copy
Central Files
Walter Cole-S&EC
Filename 041670Gibbs(Wake)EXP+origin

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CREEDMOOR, NC
1998
NINA 525611 SW-SERIES V842
Project Scale.
9065 W-1 if 2000'
Project Date: Figure 1- USGS Quad •
Mgr.: WC 09-2004 Teague-Hankins Soil & Environmental Consultants PA
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Gibb Property 67-Acres 11010 Raven Ridge Rd.- Raleigh, NC 27614
New Light Road [phone] - [phone]
Wake Co., NC Web Page: www.SandEC.com
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r90615*1 Scale:
1"=1320'
Figure 2 - Soil Survey Soil & Envir
Date:
09-2004 Teague-Hankins • Environmental Consultants, PA
Gibb Property 11010 Raven Ridge Rd.- Raleigh, NC 27614
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New Light Road [phone] • [phone]
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Web Page: www.SandEC.com
Wake Co., NC I
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