20071481 Ver 1_IP Stream Determination_20070830

0~ WAT~C Michael F. Easley, Governor
`O~ 9oG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E. Director
-{ Colleen H. Sullins, Deputy Director
~ `C Division of Water Quality
c March 14, 2005 ~ ^ ~~~
+"T~ ~ ~
Mr. Dan Pabst ~ ~ ~ T 8 ~ AlJ ~ ~ ~ 2~~~
BBM Associates, Inc.
407 Gorman Street, Suite 101 DENR -WATER CIISALITY
Raleigh, NC 27607 WETLANDS AND STORIIWATFR BRANCH
IPRRO OS-003
County: Wake
INTERMITTENT/PERENNIAL (I/P) STREAM DETERMINATION
Project Name: Trackside North Property
Location/Directions: South of U.S. Highway 64, CSX and D&S railroad right-of--ways in northern Apex (Wake
County)
Subject Stream(s): UTs to Williams Creek
Date of I/P Determination(s): 3/11/05
Feature I/P Call Location of I/P Point
(GPS Points and/or
Fla Notes/Basis for Call (Stream Form Rating, Biol. Indicators,
etc.).
A P "Start A Perennial" 29 on form upstream; improved sinuosity, bed and bank

Fla ,
biolo fil. al ae/ eri h ton, cranefl larva .
B I
C' P Perennial Strong geomorphology and hydrology. Water quality
Throu hout de raded due to u stream uses; no biolo
D P "Start D Perennial" 39 on form below pond; bivalves (fingernail clams)
Fla numerous. Start perennial above pond -fish nrecent
This on-site determination shall expire five (S) 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 jor a determination by the
Director shall be referred to the Director in writing c% Cyndi Karoly ,DWQ Wetlands/401 Unit, 2321 Crabtree
Blvd., 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 ad judicatory 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 tl:is 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 1 SOB ojthe 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.
Raleigh Regional Office
Water Quality Section
1628 Mail Service Center
Raleigh, NC 27699-1628
'~~
'~'
~L~I~E
phone [phone] Customer Service
facsimile [phone] 1-877-623-6748

3/14/2005
Page 2 of 2
The (owner/future owners) should notes the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated
above). ;This project may requires Section 404/401 Permit for thg prQpo~ed activity. Any inquiries should be
directed to the Division of WaCet`.Quality (Central Office) at (919)•733! 1786, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919)-876-8441. ~ • .
._ •i.-,
"Eric W. Kulz I
Environmental Spec.
CC: File Copy
Central Files
DWQ 401/Wetlands Office
Town of Apex
Raleigh Regional Office 1628 Mail Service Center
Water Quality Section Raleigh, NC 27699-1628
.*
phone [phone] Customer Service
facsimile [phone] 1-877-623-6748