20070365 Ver 1_Buffer Determination_20080104

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Cazolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
January 4, 2008
DWQ Project # 07-0365
Wake County
Page 1 of 2
Mr. Steve Mitchell
1813 Lancaster Drive
Garner, NC 27529
Subject Property:
Toler Ratledge Property @ 1713 Knox Road. Raleigh, NC
EXISTING USE VERIFICATION under NEUSE River Buffer Rule (15A NCAC 2B .0233)
Dear Mr. Mitchell:
On January 2, 2008, at your request Eric Kulz of the DWQ 401 Oversight and Express
Permitting Unit visited the above-referenced property for the purpose of verifying the presence
of existing impervious surface within the Neuse River Riparian Buffer along the rear of this
property and adjacent properties, in preparation for the construction of an access road to the rear
portion of the property.
During the site visit, Mr. Kulz observed the presence of weathered asphalt/macadam along the
rear of the above-referenced property and adjacent properties. These remnant pavements
appeared to be associated with an old residence and garage on an adjacent property. This
pavement was observed in places within the Neuse River Riparian Buffer.
Construction of the proposed access road on this old driveway would be considered EXEMPT
under 15A NCAC 2B .0233 (3)(b), as these areas within the buffer would be considered an
Existing Use.
This exemption applies only to areas where the old pavement is present. No additional fill
material, gravel or other materials shall be placed within the riparian buffer, outside the footprint
of the old driveway, without written notification and concurrence from this Office.
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, 2321 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 mayi ask for an
adjudicatory hearing. You must act within 60 days of the date that you receive this letter.
1~°rthCarolina
401 Oversight/Express Review Permitting Unit ~ll~lfCllr!~l,
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Cazolina 27604
Phone: [phone] /FAX [phone] /Internet: http;//h_2o.enrstate.nc.us/ncwetlands
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Steve Mitchell
Page 2 of 2
January 4, 2008
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 150B 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.
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].
Sincerely, ~ ~/
>/~. /~
Cyndi B. Karoly, Supervisor
401 Oversight/Express Review Permits Unit
Enclosures:
cc: Lauren Witherspoon -DWQ Raleigh Regional Office
File Copy (Eric Kulz)
Central Files
Filename: 07-0365 Ex. Use Verification
401 Oversight/Express Review Permitting Unit
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/ncwetlands
None Carolina
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