20071170 Ver 2_Buffer Determination Request_20070803

KE
KELLER ENVIRONMENTAL
ENVIRONMENTAL CONSULTANTS
August 1, 2007
Cyndi Karoly
NC Division of Water Quality
401 Oversight/Express Review Permitting Unit
2321 Crabtree Blvd.
Raleigh, North Carolina 27604-2260
Re: Lufkin Road Site
DWQ Project #07-1190, Wake County
Apex, North Carolina
Dear Ms. Karoly:
01- Itgo V2
I would like to dispute the attached determination made by DWQ staff of the
Lufkin Road Site on July 11, 2007. This is concerning Feature A located
adjacent to Lufkin Road. Please contact me at your earliest convenience with an
appropriate date that a second site visit can be conducted.
Thank you for you assistance in this matter.
Sincerely,
~~
Jay Keller
Keller Environmental
Cc: Lia.~o~t:..
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AUG 9 2007
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July 11, 2007
Triad Investment Holdings, LLC
Attn: Mr. Bill McClung
P.O. Box 1542
Apex, NC 27502
Subject Property:
Lufkin Road Site
Coleen N. Sullins, Director
Division of Water Quality
DWQ EXP# 07-1190
Wake County
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233)-EXPRESS REVIEW PROGRAM
On July 11, 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 July 11, 2007. The Division of Water
Quality (DWQ) has determined that the following:
Feature "A" is subject to the Neuse Buffer Rule on the property at the flag labeled "A 1" (located at the
Lufkin Rd. culvert) to the flag labeled "A2" (approximately 23 feet from the culvert at Lufkin Road). The
feature is a perennial pool at this location. Large tadpoles, frogs, fast swimming beetles, and numerous
broad-winged damselfly larva were found in the pool. Additionally, feature "A" is subject to the Neuse
Buffer Rule from the flag labeled "A3" (located at the driveway culvert) to the pipe entrance at the
property line (approximately 10.5 feet).
Feature "B" is not subject to the Neuse Buffer Rule on the 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 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 t:^!ess you ask fora hearing ,;~ithin 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 S ate. If you have any
questions, please contact Lia Myott at 919.733.9502. `~
Since ly, D j~ ~,~a ~,:.!
A~ G 3 2007
oleen H. Sullins, Director pENR_wp,T~~ ~RIB~N
CHS/cbk/lem ,~~1a5 ANO S
Attachments: NRCS Soil Survey Map, USGS Topo Quad Map
Nom` Caro ina
401 Oversight /Express Review Pcrtnitting Unit ~atJa'Q~ly
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: h~ !/h2o.enr.state.nc.us/ncwetlands
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Lufkin Road Site
Page 2 of 2
July 1 1, 2007
cc: Jay Keller, 7921 Haymarket Lane, Raleigh, NC 27615
DWQ Raleigh Regional Office
File Copy
Central Files

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