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HomeMy WebLinkAbout20241124: 108 Bradshire Court, Cary North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 August 27, 2024 DWR Appeal 20241124 DWR RRO Project 24-257 Wake County Traci and Matthew Townsan 108 Bradshire Court Cary, NC 27513 Via email: mtownsan@hotmail.com Subject: Appeal Determination for Applicability to the Neuse Buffer Rules (15A NCAC 02B .0714) Project: 108 Bradshire Court Address: 108 Bradshire Court, Cary, NC 27513 Location: Lat., Long: 35.798296, -78.775296 Dear Mr. and Mrs. Townsan: On August 20, 2024, the Division of Water Resources (DWR) received a request from you to appeal an on-site Buffer Determination, for Feature A only, made by the DWR Raleigh Regional Office as provided in 15A NCAC 02B .0714 (4) of the Neuse Buffer Rules. On August 26, 2024, Stephanie Goss, and Cat Otero, of the DWR Central Office, conducted an on-site inspection of Feature A on the subject site to determine applicability to the Neuse Buffer Rules 15A NCAC 02B .0714. Your assistance during the site visit was appreciated. The enclosed map(s) depict the feature(s) evaluated and this information is also summarized in the table below. The Feature was evaluated for being ephemeral, intermittent, and for subjectivity to the referenced regulations. Streams or features that are considered “Subject” have been located on the most recently published County NRCS Soil Survey and/or the most recent copy of the USGS Topographic (at 1:24,000 scale) map(s), have been located on the ground at the site, and possess characteristics that qualify them to be at least intermittent. Features that are considered “Not Subject” have been determined to not be at least intermittent streams, not present on the property, or not depicted on the required maps. Page 2 of 3 108 Bradshire Court DWR # 24-257 Appeal The following table lists the features observed and evaluated for the appeal determination during the DWR site visit. See the attached map(s) for reference. Feature ID Feature Type* Subject to Buffer Rules Start @ Stop @ Depicted on Soil Survey Depicted on USGS Topo A Ephemeral No Culvert Black Creek Yes No * stream (ephemeral, intermittent, perennial), ditch, swale, wetland, other This appeal determination shall expire five (5) years from the date of this letter. This appeal determination replaces the determination originally performed by DWR as documented in their letter dated August 16, 2024. This appeal determination is final and binding and can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk’s Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the owner, then the party must have authorization from the owner or also serve the owner in accordance with N.C.G.S 150B-23(a). This letter only addresses the applicability of the stated regulations on the features identified on the subject property and/or within the proposed project area. This letter does not approve any activity within buffers or within waters of the state. There may be other regulated waters, streams or other features located on the property or adjacent property that do not appear on the maps referenced above. Any waters, streams, or other features on the site, including the features identified in this letter, may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. Please note that the DWR acknowledges all areas and boundaries identified by the US Army Corps of Engineers as jurisdictional waters and/or wetlands. Page 3 of 3 108 Bradshire Court DWR # 24-257 Appeal This determination is subject to review as provided in Articles 3 & 4 of G.S. 150B. If you have any additional questions or require additional information, please call Stephanie Goss with DWR at 919-707-9013 or stephanie.goss@deq.nc.gov. Sincerely, Stephanie Goss, Supervisor 401 & Buffer Permitting Branch Attachments: Site Map, Photo(s), Published NRCS Soil Survey, USGS Topographical Map, Stream Rating Form(s) cc: 401 & Buffer Permitting Branch project file Michael Hall, Raleigh Regional Office Supervisor, michael.hall@deq.nc.gov DWR Appeal 20241124: 108 Bradshire Court, Cary Map provided by NCDEQ Division of Water Resources :: Locations are approximate and are provide for reference only :: Legend: -Approximate Site boundary: -Culvert: Approx. location of Feature A Black Creek DWR Appeal 20241124: 108 Bradshire Court, Cary Map provided by NCDEQ Division of Water Resources :: Locations are approximate and are provided for reference only :: Legend: -Approximate Site boundary: Feature A: Not Subject See inset for details Feature A: Not Subject Inset: DWR Appeal 20241124: 108 Bradshire Court, Cary Map provided by NCDEQ Division of Water Resources :: Locations are approximate and are provided for reference only :: Legend: -Approximate Site boundary: Feature A not depicted on map within property boundary DWR Appeal 20241124: 108 Bradshire Court Feature A, Ephemeral, Pictures taken on August 26, 2024