20080294 Ver 1_Buffer Determination_20080221

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 21, 2008
W&T Development
Attn: Mr. Felton G. Thompson, Jr.
3709 Junction Blvd.
Raleigh, NC 27603
Subject Property: The Vineyards at Tuscan
Coleen H. Sullins, Director
Division of Water Quality
DWQ EXP# 08-0294
Wake County
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233) -EXPRESS REVIEW PROGRAM
Dear Mr. Thompson:
On February 18, 2008, at the request of Mr. Alsie Gilbert, Lia Myott conducted an on-site determination to review
six stream features located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B
.0233). The features are labeled as "A" through "F", on the attached maps initialed by Lia Myott on February 21,
2008. The Division of Water Quality (DWQ) has determined that the following:
• Feature "A" is subject to the Neuse Buffer Rule at the flag labeled, "A1" (Intermittent Stream begins).
• Feature "B" is subject to the Neuse Buffer Rule at the flag labeled, "B 1" (Intermittent Stream begins)
and becomes perennial at the flag labeled, "B2" (Intermittent/Perennial point).
• Feature "C" is subject to the Neuse Buffer Rule at the flag labeled, "C1" (Intermittent Stream begins).
• Feature "D" is not subject to the Neuse Buffer Rule since no feature exists.
• Feature "E" is not subject to the Neuse Buffer Rule. The stream is misrepresented on the soil survey and
is actually an ephemeral stream that joins feature B at the flag labeled, "B 1" (confluence point of E and
B).
• Feature "F" is subject to the Neuse Buffer Rule since it enters the subject property as 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 OversightBxpress 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 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 questions, please contact Lia Myott at 919.733.9502.
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: httn~//h2o enr state nc us/ncwetlands
N °ehCarolina
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W&T Development
Page2of2
February 21, 2008
Sincerel ,
oleen H. Sullins
CHS/cbk/lem
Attachments: Wake County Soil Survey Map, USGS Topographic Map
cc: Mr. Alsey Gilbert, 112 North Church Street, Clayton, NC 27520
Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Central Files

TopoZone -USGS Clayton (NC) Topo Map
Page 1 of 1
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