20071210 Ver 1_Stream Call Letter_20070727

~~F W A TF9Q
,o ~
Vj r-
~ ~
O "~"
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 27, 2007
Burdette Land Consulting, Inc
Attn.: Mrs. Jennifer Burdette
308D W Millbrook Road
Suite 200
Raleigh, NC 27609
DWQ Project # 2007-1210
Wake County
Page 1 of 2
Subject Property: Gates of Ethans Glen Subdivision, Raleigh, NC
APPE~AI; of On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B .0233)
Dear Mrs. Burdette:
On July 23, 2007, Amy Chapman conducted an appeal of an on-site determination previously
conducted to review one feature located on the subject property for applicability to the Neuse
Buffer Rules (15A NCAC 2B .0233).
The feature labeled as "00" in the field by Amy Chapman on July 23, 2007, and on the
attached map initialed by Amy Chapman on July 26, 2007 is intermittent and is subject
to the Neuse Buffer Rule. This feature was previously determined as "not subject" to the
Neuse Buffer Rule by the Raleigh Regional Office.
You had not disputed the Raleigh Regional Office's buffer calls for features "QQ" and
"NNB". However, in the field, Amy Chapman reviewed the two features and agreed
with the Raleigh Regional Office's previous calls. Feature "QQ" is perennial and is
subject to the Neuse Buffer Rules. Feature "NNB" is intermittent and is subject to the
Neuse Buffer Rules.
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 Cyndi Karoly, DWQ, 401 Oversight/Express Review Permitting Unit,
2321 Crabtree Blvd., Suite 250, 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 tha~d°o` Carolina
~tura!!y
401 OversightBxpress Review 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'//h2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper

Burdette Land Consulting, Inc
Page 2 of 2
July 26, 2007
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 timely manner. To ask for a hearing, send a written
petition, which conforms to Chapter 150B 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 Amy Chapman at [phone].
Sincerely,
,~
Cyndi B. Karoly,
401 Oversight/Express Review Permitting Unit
CBK/asc
Enclosures: Burdette Land Consulting Plat Map
cc: Lauren Cobb, DWQ Raleigh Regional Office
File Copy
Central Files
Filename: 071210GatesofEthansGlenSD(Wake)DET_APPEAL

a
69
~Li-~s D ~ ~~~irt n 1 ~ ~~ ~
~~ c ~,- J~ ~~- ~ ~~

70
Q7-1210
~,~_~~ ~
~~
~ ~ ~
\ .~'