20041764 Ver 1_Buffer Determination_20041110

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Deparhnent of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
November 10, 2004
DWQ EXP# 04-1764
Wake and Durham County
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MBV Investors, LLC
Attn: Randy Smith
100 Weston Estates Way
Cary, NC 27513
Subject Property: Carolinian
UT to Stirrup Iron Creek
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B .0233)-EXPRESS REVIEW PROGRAM
Dear Mr. Smith:
On November 10, 2004, at your request I conducted ~n on-site determination to review
four (4) features located on the subject property for applicability to the Neuse Buffer
Rules (15A NCAC 2B .0233). The features are labeled as "A, B, C and D" on the
attached maps initialed by me on November 10, 2004.
The Division of Water Quality (DWQ) has determined that the features labeled as
"A, B, C and D" on the attached maps are subject to the Neuse Buffer Rule. The
origin's of all features have been delineated and flagged in the field as the
following: Feature A starts at NBR #1 (~30' below old flag #A145), Feature B
starts at NBR #2 (old flag #6), Feature C starts at NBR #3 (old flag #D6) and
Feature D starts at NBR #4 through to flag NBR #5. 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 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
,One ,
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401 Wetlands Certification Unit ar!lCQay
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: htto://h2o.enr.state.nc.usJncwetlands
An Equal Opportunity/A~rmative Action Employer - 50% Recycled/10% Post Consumer Paper

MBV Investors, LLC
Page 2 of 2
11 /10/04
timely manner. To ask for a hearing, send a written petition, which conforms to
Chapter 1506 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.
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 Deborah Edwards at [phone].
Sincerely,
1 ~ Alan W. Klimek,
AW K/dae
Attachments: Wake & Durham County Soil Su~rey maps
USGS SE Durham & Cary Quad Knaps
cc: Mike Horan, DWQ Raleigh Regional Office
File Copy
Central Files
Kevin Martin-S&EC
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P.E.
Filename 041764Carolinian(WK&DR)EXP+origin

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Project No. Fi ure 2 -Soil Surve Ma
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9005.W1
Project Mgr.: Carolinian
KM Wake & Durham Counties, NC

Scale:
1" = 1,320'
10/30/04 Wake County 8~ Durham County
Soil Surveys
~ Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.• Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com
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