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HomeMy WebLinkAbout20071776 Ver 1_Buffer Determination_20071030 W A rF9 Michael F.Easley,Governor William G.Ross Jr.,Secretary r� North Carolina Department of Environment and Natural Resources N, Coleen H.Sullins,Director Division of Water Quality October 30, 2007 DWQ EXP#07-1776 Johnston County Son-Lan Development Co. Attn: Mr. Lanny Clifton 5160 NC 42 W Garner,NC 27529 Subject Property: B.H.Parrish Tract On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules(15A NCAC 213 .0233)-EXPRESS REVIEW PROGRAM Dear Mr. Clifton: On October 29, 2007, at the request of Mr.Neal Floyd, Lia Myott and Joseph Gyamfi conducted an on-site determination 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 maps initialed by Lia Myott on October 30, 2007. The Division of Water Quality(DWQ)has determined that the following: • Feature"A" is subject to the Neuse Buffer Rule at the flag labeled "A 1"(the ephemeral/intermittent stream point). 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 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 Lia Myott at 919.733.9502. Sincerely, oleen H. ullins, Director North Carolina Division of Water Quality CHS/cbk/lem Attachments: Johnston County Soil Survey Map,USGS Topographic Map cc: Neil Floyd, 7908 Audubon Drive,Raleigh,NC 27615 Lauren Witherspoon, DWQ Raleigh Regional Office File Copy Central Files NonehCarolma 401 Oversight/Express Review Permitting Unitatura!!y 1650 Mail Service Center,Raleigh,North Carolina 27699-1650 2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604 Phone: 919-733-1786/FAX 919-733-6893/Internet:http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper r�W ® ` hill 1I � r r� I . . � L•i s C OF �6 s "6; Fes'{x�" 1 / ® <4 ® sh�Q'E� N � • y J I F Y� ® • ,(G � QL` ?X� sky M x � � Jx 1e5 'xrt s�4 s do 7