20071996 Ver 1_Buffer Determination_20071204

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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
December 4, 2007
DWQ EXP# 07-1996
Wake County
Zeisler Morgan Properties
Attn: Mr. Joe Dzubara
30000 Chagrin Blvd.
Cleveland, OH 44124
Subject Property:
Townridge Shopping Center Expansion
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233)-EXPRESS REVIEW PROGRAM
On December 3, 2007, at the request of Mr. Todd St. John of Kimley Horn & Associates, 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 on December 4, 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 "A3" (intermittent stream start point).
The feature is piped at flag "A2" and transitions to a perennial stream at the pipe outlet (flag labeled
"A 1"
Feature "B" is not subject to the Neuse Buffer Rule as it is not depicted either on the Wake County soil
survey or the USGS topographic map.
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 State. If you have any
questions, please contact Lia Myott at 919.733.9502.
Sincerely,
Coleen H. Sullins
CHS/cbk/lem
Attachments: NRCS Soil Survey Map, USGS Topo Quad Map, Wake County Imap
401 Oversight /Express Review Permitting Unit N~atura!!na
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: htto://h2o.enr.state.ne.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Pos[ Consumer Paper

Zeisler Morgan Properties
Page 2 of 2
December 4;.2007
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Central Files
Todd St. John, Kimley-Horn & Associates, Inc., 3001 Weston Parkway, Cary, NC 27513

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Map created on 12!4/2007 2:19:38 PM. p 253 ft
Copyright 2007. City of Raleigh, Wake County.