20070016 Ver 1_Buffer Determination_20070119

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Mr. Michael Crowley
1906 South Main St, Suite 122
Wake Forest, NC 27587
Subject Property: Chestnut Street Site
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 19, 2007
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ EXP# 07-0016
Wake County
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233)-EXPRESS REVIEW PROGRAM
On January 16, 2007, at the request of Mr. Jay Keller, an on-site determination was conducted to review one
stream feature located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233).
The feature is labeled as "A" on the attached map, initialed by Lia Myott on January 19, 2007. The Division of
Water Quality (DWQ) has determined that the following:
• Feature "A" is not subject to the Neuse Bu, ffer Rule on the property, but is subject just off the property at
the flag labeled "A1" (N 35° 59.605', W 78° 30.572').
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 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 Cyndi Karoly, DWQ 401 Oversight/Express Review
Permitting Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. You must act within 60 days of the date that you
receive this letter. Applicants are 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. This determination is
final and binding unless you ask for a hearing within 60 days.
This letter only addresses the applicability to the buffer rules of the stream features listed above and does not
approve any activity within the buffers or address features that were not observed during the site visit. Nor does
this letter approve any activity within Waters of the United States or Waters of the State. If you have any
questions, please contact Lia Myott at 919.733.9502.
Sincerely,
~~
Alan W. Kli ek, P.E.
AWK/cbk/lem
Attachments: NRCS Soil Survey Map, USGS Topo Quad Map
cc: Jay Keller, 7921 Haymarket Lane, Raleigh, NC 27615
File Copy
Central Files
401 Oversight /Express Review Permitting Unit NtllCQ~r!na
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevazd, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: httn://h2o.enr.state.nc.us/ncwetlands
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