20140262 Ver 1_Buffer Determination_20140407 (2)

A4
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
April 7, 2014
DWR Project#2014-0262
Wake County
CERTIFIED MAIL RECEIPT
7013 3020 0000 7632 0512
John Beatty
3100 Campbell Road
Raleigh,NC 27606
Subject Property: 3100 Campbell Road, Raleigh,NC
UT to Swift Creek(Headwaters)
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules(15A NCAC 213
.0233)
Dear Mr. Beatty:
On April 4,2014, at your request, Katie Merritt of the Division of Water Resources(DWR)conducted an on-
site determination to review one feature located on the subject property for applicability to the Neuse Buffer
Rules(15A NCAC 2B .0233). The feature is labeled as"S"on the attached maps initialed by Ms. Merritt on
April 7,2014. DWR Staff from the Raleigh Regional Office had previously conducted an on-site
determination of this feature. In your letter to the Director dated March 13,2014,you requested an appeal of
their determination as provided within 15A NCAC 02B .0233 (3)(a).
Ms Merritt conducted an appeal of the original DWR determination as stated above. During her review,Ms.
Merritt evaluated the stream using the DWR Stream Classification Form. Ms.Merritt evaluated the feature
starting at the head cut and proceeding downstream on the subject property and calculated the score to be
23.5 points. The form states that if the score is"greater than or equal to 19 points the stream is at least
intermittent". The form is attached to this letter.
The DWR has determined that the feature labeled as "S"on the attached maps is at least an
"intermittent" stream and is subject to the Neuse Buffer Rule.
This determination shall replace the determination originally performed by the Raleigh Regional
Office and shall expire five years from the date of this letter.
You can contest the Director's decision as provided in Articles 3 and 4 of G.S. 150B. To contest the
Director's decision you must file a petition for an administrative hearing. You may obtain the petition form
from the office of Administrative hearings. You must file the petition with the office of Administrative
401 and Buffer Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone:[phone]\FAX:[phone]
Internet:www.ncwaterquality.org
An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper

John Beatty
Wake County
Page 2 of 2
Hearings within sixty(60)days of receipt of this notice. A petition is considered filed when it is received in
the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00am and 5:00pm,except for official state
holidays. The original and one(1)copy of the petition must be filed with the Office of Administrative
Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five(5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Mailing address for the OAH:
If sending via U.S. Postal Service: If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh,NC 27699-6714 Raleigh,NC 27609-6285
One(1)copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,NC 27699-1601
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 this State.
If you have any additional questions or require additional information please call Jennifer Burdette at
[phone]. This determination is subject to review as provided in Articles 3 &4 of G.S. 150B.
Sincerely,
I'
Karen Higgins, Supery
401 &Buffer Permitting Unit
KAH/km
Enclosures: Site Location Map, Soil Map, Stream ID Form
cc: John Beatty(separate address), 929 Saint Marys St, Raleigh,NC 27605
DV✓Q RRO 401 files
401 &Buffer Permitting Unit files
Filename: 140262_3100CampbellRd_Sti-ca m_Det_Appeal.docx

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