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HomeMy WebLinkAbout20071105 Ver 1_Buffer Determination_20070629O~O~ W A T ~9QG o ~ June 29, 2007 Son-Lan Development Co. Attn: Mr. Sonny Johnson 5160 NC 42 W Garner, NC 27529 Subject Property: Son-Lan/Marshall/West Site Coleen H. Sullins, Director Division of Water Quality DWQ EXP# 07-1105 Johnston County On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B .0233) -EXPRESS REVIEW PROGRAM Dear Mr. Johnson: On June 28, 2007, at the request of Mr. Neal Floyd, Lia Myott conducted an on-site determination to review three stream 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 Lia Myott on June 28, 2007. The Division of Water Quality (DWQ) has determined that the following: • Feature "A" is subject to the Neuse Buffer Rule at the flag labeled "A 1 ". Stream A is intermittent at Flag "A 1 ". • Feature "B" is subject to the Neuse Buffer Rule at the flag labeled "B 1 ". Stream B is intermittent at Flag "B 1 „ • Feature "C" is subject to the Neuse Buffer Rule at the flag labeled "C 1 ". At flag C 1, a jurisdictional wetland transitions to a perennial pond (stream has been impacted by beavers). 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 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 questions, please contact Lia Myott at 919.733.9502. ,, ~ Si r ly, ,,J~ Coleen H. Sullins, Director ~+ l~North Carolina Division of Water Quality CHS/cbk/lem 401 Oversight /Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Cazolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwedands Michael F. Easley, Governor William G. Ross Jr., Secretary North Cazolina Department of Environment and Natural Resources Noe Carolina ~tura!!y An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Son-Lan Development Co. Page 2 of 2 June 29, 2007 Attachments: Johnston County Soil Survey Map, USGS Topographic Map cc: Neil Floyd, 7908 Audubon Drive, Raleigh, NC 27615 DWQ Raleigh Regional Office File Copy Central Files ~, C~a E~~a~~~~~~~ µ,1t G~~,~~~~j ; n a.~ ~+yj~f1 dE idle s., ~ ri1~11~ed ~....-~~~::r' ---~~-' l~ E1~V1~®1~Av1El~6 ~LrI~ iV~ 1 Ui~l'~L ~Ea7~U~E~ ~~ ~IVI~I®I~I ®~' L~1.1~"I3 ~E~OUIE~CE~ ~~`~' ~~~~~~`~ ~'T~G~ ~3~~~, .~ (`~~ ~A~~CJLII`~~~ C~E~LO~'IC.AI. SURVEY ~:~~~~.~._ . ,.'~~..;u~ ~. _- -_ ~ ~~~ ~~ ~ ~/ ~ ~ ~ ~ ~ -~ ~ i as ,~ - ;, J .~ ,~ (~ ,, 1 1 ~~, ... j: ~ „ l - `~~-' _ - ~ ~. ' `~ `~ ~ (i ~ ~ ~ %~ ~ ~ _ ~ - ~ ,, ~~-//~~ II I- i %/~ ~ • ~~ r '~ .~ ~ ) ~ ~~~=' ,,, i (~ ~ i ~~~ ~ ~/ - ~ `' .G-' ~ ~ ~~-- ~--_~ ~- ~ ~' ~ D ~7 J . i ~ ~~ , -~ ~/ r--~ /(, ~~r--/ ,l5 ~"fit-( j: i ~ 1. - ,. , \ _ J / 1 1 ~ r ~ ~~g-/ or--cam. _ - L~- ~~• ~-/ ~=