20071642 Ver 1_Buffer Determination_20071003

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October 3, 2007
Cook Out, Inc.
Attn: Mr. Jeremy Reaves
5505 Adams Farm Ln., Suite D
Greensboro, NC 27407
Subject Property:
Cook Out - Fuquay-Varina
Coleen H. Sullins, Director
Division of Water Quality
DWQ EXP# 07-1642
Wake County
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233)-EXPRESS REVIEW PROGRAM
On October 1, 2007, at the request of Jack Sherrill of Sherrill Environmental, Inc., an on-site determination was
conducted to review one stream feature located on the subject property for applicability to the Neuse Buffer Rules
(15A NCAC 2B .0233). The feature is labeled as "A" on the attached map, initialed by Lia Myott on October 3,
2007. The Division of Water Quality (DWQ) has determined that the following:
Feature "A " is not subject to the Neuse Buffer Rule on the property. The feature is an ephemeral stream
leaving the pond/wetland then has been excavated to channel the feature to the culvert beneath the
railroad tracks. The culvert outlets to a wetland on the adjacent 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 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~tate. If you have any
questions, please contact Lia Myott at 919.733.9502.
Sincerely,
Coleen H. Sullins, Director
CHS/cbk/lem
Attachments: NRCS Soil Survey Map, USGS Topo Quad Map
cc: DWQ Raleigh Regional Office
File Copy
Central Files
Jack Sherrill, Sherrill Environmental, Inc., 3326 Rugby Rd., Durham, NC 27707
No°rthCarolina
401 Oversight /Express Review Permitting Unit ,NatuCa!!y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevazd, Suite 250, Raleigh, North Cazolina 27604
Phone: [phone] /FAX [phone] /Internet: http://h2~.et~r stat_e.nc.us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

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