20070922 Ver 1_Buffer Determination_20070524

~OF WATF~Q Michael F. Easley, Governor
`(~ ~i William G. Ross Jr., Secretary
VJ~.- North Carolina Department of Environment and Natural Resources
r.l
p ~ Alan W. Klimek, P.E. Director
Division of Water Quality
May 24, 2007
DWQ Project # 2007-0922
NBRRO 05-149
Wake County
Page 1 of 2
B. T. D. Corp.
P. O. Box 1225
Cary, NC 27512-1225
Subject Property: 771 Reedy Creek Road, Cary, NC (Wake County Parcel No. 0764877385)
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B .0233)
Dear Sirs:
On May 24, 2007, at the request of AI Hashemi, I and Eric Kulz conducted an on-site
determination to review a channel located on the subject property below the drained pond for
applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). Division of Water Quality (DWQ)
Staff from the Raleigh Regional Office (Eric Kulz) had previously conducted an on-site
determination of the stream (NBRRO 05-149, letter dated June 9, 2005). In your email dated
May 1, 2007, you requested an appeal of their determination as provided within 15A NCAC 02B
.0233(3)(a).
At the request of AI Hashemi, I conducted an appeal of the determination as stated above.
During my review I evaluated the stream using the DWQ Stream Classification Form. As you
may know, this stream origin was the subject of a contested case between Mr. Hashemi and the
NC Division of Water Quality for the downslope property. As a result of that case, DWQ agreed
that this stream channel had its origin as an intermittent/perennial stream approximately 140
feet downstream of the drained pond. Therefore although the channel below the pond has the
characteristics of an intermittent or perennial stream, DWQ had agreed earlier that the origin of
this channel is as stated in the settlement agreement as noted above. Therefore for the
purpose of the buffer rules, this channel origin is about 140 feet downslope of the drained pond
as noted in that settlement agreement.
This determination shall replace the determination originally performed by the Regional Office.
This stream and it's 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. Please be advised that
development on this parcel must adhere to the stormwater management and treatment
provisions of the Neuse River buffer rules (15A NCAC 2B .0233). In this regard, DWQ believes
that the location of the drained pond would likely provide a good location for a constructed
wetland to manage stormwater from this parcel.
401 Oversight/Express Permitting Unit
1650 Mail Service Center, Raleigh, North Cazolina 27699-1650
2321 Crabtree Boulevazd, Suite 250, Raleigh, North Cazolina 27604
Phone: [phone] /FAX [phone] /Internet: http://h2o.enr.state.nc.us/ncwetlands
N~y~ehCarolina
~vaturallt~
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B. T. D. Corp
Page 2 of 2
May 24, 2007
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 me at [phone]. This determination is subject to review as provided in Articles
3 & 4 of G.S. 1506.
Sincerely,
Development Unit
AW Kljrd
cc: Lauren Cobb, DWQ Raleigh Regional Office
File Copy
Central Files
Eric Kulz
AI Hashemi, ARH International Co., P. O. Box 97772, Raleigh, NC 27624
Jean Manuele, Raleigh Field Office US Army Corps of Engineers
Filename: 20070922ReedyCreekRd(Wake) Streamappeal