20071966 Ver 1_Buffer Determination_20071121

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 21, 2007
DWQ Project # 07-1966
Wake County
Mr. Steve Mitchell
1813 Lancaster Drive
Garner, NC 27529
Subject Property:
Noel Residence
Ut to Honeycutt Creek [030401, 27-20-(1), WSIV, NSW, CAJ
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B .0233)
Dear Mr. Mitchell:
On November 20, 2007, at your request I 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 map initialed by Amy Chapman
on November 21, 2007.
The Division of Water Quality (DWQ) has determined that the surface water labeled as
"A" on the attached map is not subiect to the Neuse Buffer Rule. The feature does become
subject approximately 80 feet downstream off the owner's property. The owner (or future
owners) should notify the DWQ (and other relevant agencies) of this decision in any future
correspondences concerning this 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 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 for a determination by the Director shall be referred to
the Director in writing c/o Cyndi Karoly, DWQ 401 Oversight/Express Permitting Unit, 232.1
Crabtree Blvd., Suite 250, 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 adjudicatory 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 this 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 of the 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.
NorthCarolina
401 Oversight/Express Review Permitting Unit JV6ltllCR~~lf
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
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Steve Mitchell
Page 2 of 2 `
November 21, 2007
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 additional questions or require additional information
please call me at [phone].
Sinc rely,
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Cyndi B. Karoly, Supervisor
401 Oversight/Express Review Permits Unit
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Enclosures: USGS Topo Map
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Central Files
Filename: 071966Noe1Residence(Wake)NBR DET

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