20071184 Ver 1_Buffer Determination Request_20070924

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`` Chris M. Pie r
From:
Sent:
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Attachments:
Cyndi

Chris M. Pieper [[e-mail]]
Sunday, September 23, 2007 11:18 PM
Cynd i. Karoly(d3ncmail. net
[e-mail]; amy.chapman(c~ncmail.net; Sean Clark
NCDWQ (7-25-07).doc
Per directions in the attached letter from Coleen H. Sullins dated July 25, 2007 (I received the letter on Saturday July
28`h, 2007) I would like to formally request a determination by the Director. I have been working with Sean Clark (Soil &
Environmental Consultants, PA) and I believe he may have already notified you of our request. Please contact me if
there are any questions regarding this request at 919.656.2443.
Sincerely,
Chris M. Pieper
919.656.2443
107 Symphony Cy
Cary, NC 27518

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 25, 2007
Mr. Chris M. Pieper
107 Symphony Court
Cary, NC 27518
Subject Property
105 Symphony Court, Cary, NC
Coleen H. Sullins, Director
Division of Water Quality
o1-~cS~4
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233)
On July 23, 2007, at your request, an on-site determination was conducted to review 1 stream feature located on
the subject property for applicability to the Neuse Buffer Rules (1 SA NCAC 2B .0233). The feature is labeled as
"A" on the attached map, initialed by Amy Chapman on July 25, 2007. The Division of Water Quality (DWQ)
has determined that "A" is subject to the Neuse Buffer Rule. This on-site determination shall expire five (5)
years from the date of this letter.
Deed notifications or similar mechanisms shall be placed on all retained protective buffers in order to assure
compliance for future buffer impact, since the deed notifications have not been filed with the County as of yet.
These mechanisms shall be put in place prior to the sale of the property. A sample deed notification can be
downloaded from the 401/Wetlands Unit web site at: http://h2o.enr.state.nc.us/ncwetlands. The text of the sample
deed notification may be modified as appropriate to suit to this project.
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 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 questions, please contact Amy Chapman at 919.715.6823.
S' c~rely~
Coleen H. Sullins, Director
Division of Water Quality
CHSI ~m/asc
Attachments: Soil Survey Map
cc: Lauren Cobb, DWQ, Raleigh Regional Office
File Copy
Central Files
File Name: 071184_lOSSymphonyCourt(Wake)DET
NosehCarolina
40 ] Oversight /Express Review Permitting Unit ~iltuCally
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
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