20061925 Ver 1_More Info Letter_20070109

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Mr. J. Wayne Massengill
Mill Ridge Developers, LLC
6600 Brookshire Drive
Fuquay-Varina, NC 27526
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 9, 2007
Subject Property: Mill Ridge Subdivision-Phases 5 & 6
Fuquay-Varina, Wake County, NC
On-Site Intermittent/Perennial Stream Determination
Dear Mr. Massengill:
DWQ Project # 2006-1925
Wake County
Page 1 of 2
On January 9, 2007, at the request of your consultant, Jennifer Burdette of Burdette Land
Consulting, Inc., Amy Chapman conducted an on-site determination to review a stream feature
located on the subject property for an intermittent/perennial determination. The stream feature is
labeled as "A" on the attached map initialed by Amy Chapman on January 9, 2007.
The Division of Water Quality (DWQ) has determined that the stream feature labeled as
"A" on the attached map is intermittent. The owner (or future owners) should notify the
DWQ (and other relevant agencies) of this decision in any future correspondences concerning
this 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 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" surface water from the
buffer rule may ask for an adjudicatory hearing. 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. 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

401 Oversight/Express 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: htta://h2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper
N e Cazolina
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J. Wayne Massengill
Page 2 of 2
January 9, 2007
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 addi ' nal information
please call Amy Chapman at [phone].
Sincerely,
Cyndi Karoly,
401 Oversight/Express Review Permitting Unit
CBK/ jm/asc
Enclosures: Wake County Soil Survey Map
Fuquay-Varina Wake County USGS Topo Map
cc: Jennifer Burdette; Burdette Land Consulting, Inc.; 308D W Millbrook Road; Raleigh NC
27609
Mike Horan, DWQ Raleigh Regional Office
File Copy
Central Files
Filename: 061925MiIIRidgeSD1'hases5andli(Wake) DET