20061859 Ver 1_Buffer Determination_20061205

~~
~_
W ATF~,
QG
~--+1
i.
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 5, 2006
Mr. Steve Gould
833-A Wake Forest Business Park
Wake Forest, NC 27587
Subject Property: Holden Road Tract
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ EXP# 06-1859
Franklin County
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233)-EXPRESS REVIEW PROGRAM
On December 5, 2006, at the request of Mr. Jay Keller, 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 and Sonia Gregory on
December 5, 2006. The Division of Water Quality (DWQ) has determined that the following:
• Feature "A" is an intermittent stream and is therefore subject to the Neuse Buffer Rule from the flag
labeled "A1" (N 36 01.265', W78 29.798'). Feature "A" transitions to a perennial stream at the flag
labeled "A2" (N 36 01.258 ; W78 29.815'). The perennial section of Stream A scored a 30.5 on the
NCDWQ Stream Identification Form.
• Feature "B" is not subject to the Neuse Buffer Rule. It has been determined to be a Swale.
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.
Sin erely,
` ~~
Ala W. Klimek, P.E.
AWK/cbk/lem
Attachments: NRCS Soil Survey Map, USGS T o Quad Map, NCDWQ Stream Identification Form
cc: Jay Keller, 7921 Haymarket Lane, Raleigh, NC 27615
File Copy
Central Files
No°~thCarolina
401 Oversight /Express Review Permitting Unit gl`t{rq~~~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevazd, Suite 250, Raleigh, North Cazolina 27604
Phone: [phone] /FAX [phone] /Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

~'~~ . 1Y ~.VS~.. V
1L .,~.
_.. ,,, .
., EMI s-~"1-- ..~

,. ~.
e ~~.