20071432 Ver 1_Buffer Determination_20070823

�OF W ATF,q p Michael F.Easley,Governor
�0 G William G.Ross Jr.,Secretary
r� North Carolina Department of Environment and Natural Resources
p Coleen H.Sullins,Director
Division of Water Quality
August 23, 2007
DWQ EXP#07-1432
Wake County
Mr. W. Graham Cawthorne, Jr.
P.O. Box 1253
Wake Forest,NC 27588
Subject Property: Charles O. Smith Property
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules(15A NCAC 213
.0233)-EXPRESS REVIEW PROGRAM
On August 23, 2007, at your request, an on-site determination was conducted to review two stream features
located on the subject property for applicability to the Neuse Buffer Rules(15A NCAC 2B .0233). The features
are labeled as"A"and"B"on the attached map, initialed by Lia Myott on August 23, 2007. The Division of
Water Quality(DWQ)has determined that the following:
• Feature"A" is a Swale and not a stream and is therefore not subject to the Neuse Buffer Rule on the
property.
• Feature`B" is an ephemeral stream on the property and within 50 feet of the western property boundary.
The ephemeral stream is not subject to the Neuse Buffer Rule.
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 unless you ask for a
hearing within 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 State. If you have any
questions, please contact Lia Myott at 919.733.9502.
Sincerely,
��oleen
H. Sullin , Director
CHS/cbkllem
Attachments: NRCS Soil Survey Map,USGS Topo Quad Map
cc: DWQ Raleigh Regional Office
File Copy
Central Files
No e hCarolina
401 Oversight/Express Review Permitting UnitlltllCllr!r!lf
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone]/FAX [phone]/Internet:httn://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

U S GS f 1?fPP
: r
ir
383
-00
f � o
w
y • � / '" \ j� f • -\ t �)�� � _ f . • may_..-��' • f.
_ f
>c f f f f.
\
' r/ ,''•ram/=-T�' I l 42 � \��Z i 1 ;T'`' f yl.
tiff-350 i {
l_� • � f�f `'--,.f mil i� �( \\��\ '`` __`'�'�� ,t� ; ( � � a I
,ff �
- 35

IJ
1-9
eb
U ' tj
' All a
,, c7 C e '`4SJL
gyp
Wk
SY—
T
E
eD
j ',kr�.
2 O 2 `-
♦
CIE'
' +'9B2
P2 C9132 y.a �\ LIT
I}
r
'e ►a ,
Cg
l, Ce
Cn
CeB
gC
C
? sc eY CeC �` Cep
B
gB2 �`��'� e ��
ApD C
_g C
'2 482
VE