20071481 Ver 2_Buffer Determination_20071211

�OF W A T�9p Michael F.Easley,Governor
�0 William G.Ross Jr.,Secretary
1�- North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
December 11, 2007
DWQ EXP#07-1481v2
Wake County
Apex First Development, LLC
Attn: Mr. Mark Gramling
P.O. Box 1197
Apex,NC 27502
Subject Property: Trackside(Villages of Apex) Sewer Line
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules(15A NCAC 213
.0233)-EXPRESS REVIEW PROGRAM
On December 11, 2007, at the request of Mr. Phil May of Carolina Ecosystems, an on-site determination was
conducted to review three stream features located on the subject property for applicability to the Neuse Buffer
Rules(15A NCAC 2B .0233). The features are labeled as"A", "B", and"C"on the attached map, initialed by
Lia Myott on December 11, 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"(corresponds with Carolina
Ecosystems flag"WB-101"). The feature is an intermittent stream at that location.
• Feature`B " is subject to the Neuse Buffer Rule in the project study area(determined to be an
intermittent stream).
• Feature"C " is subject to the Neuse Buffer Rule in the project study area(determined to be an
intermittent stream).
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
One
NorthCarolina
401 Oversight/Express Review Permitting Unit CI�llCQ��I�
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone]/FAX [phone]/Internet:http://h2o.enr.state.nc.us/newetlands
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Apex First Development,LLC
Page 2 of 2
December 11,2007
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Central Files
Phil May, Carolina Ecosystems, Inc., 8208 Brian Court, Garner,NC 27529

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