20071007 Ver 1_Buffer Determination_20070716

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
July 16, 2007
DWQ Project # 2007-1007
Wake County
Page 1 of 2
Shawn and Debra Ryan
115 West Gerrell Ct.
Cary, NC, 27511
Subject Property: 114 W. Gerrell Ct.
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. and Mrs. Ryan:
On June 28, 2007, at your request I conducted an on-site determination to review the 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 me on June 28, 2007. Division of Water Quality (DWQ) Staff from the Raleigh Regional
Office (Mike Horan) had previously conducted an on-site determination of the stream In your letter to the Director
dated January 18, 2007, you requested an appeal of their determination as provided within 15A NCAC 02B
.0233(3)(a).
At your request, I conducted an appeal of their determination as stated above. During my review I evaluated the
stream using the DWQ Stream Classification Form. I evaluated the feature A and calculated the score to be 14.5
points. The form states that if the score is "greater than or equal to 19 points the stream is at least intermittent".
The DWQ has determined that the stream labeled as "A" on the attached map is not "intermittent" and is not
subject to the Neuse Buffer Rule on your property. The feature begins to be intermittent at the edge of your
property, where it flows into Town of Cary greenway property. This determination shall replace the
determination originally performed by the Regional Office. This stream and its 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 correspondence concerning this property.
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. 150B.
Sincerely,
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Coleen H. Sullins, Director
401 OversighUExpress Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http:,:'h?c~,cnrstate_nc.usr'ncwetlands
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Page 2 of 2
July 16, 2007
CHS/cbk
Enclosures: Wake County Soil Survey
cc: Lauren Cobb, DWQ Raleigh Regional Office
File Copy
Central Files
Dan Clinton, Town of Cary, P.O. Box 8005, Cary, NC, 27512
Filename: 2007 Ry a n(W ake)Appeal

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