20080391 Ver 1_Buffer Determination_20080312

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March 12, 2008
Johnston County Public Utilities
Attn: Mr. Timothy G. Broome
P.O. Box 2263
Smithfield, NC 27577
Subject Property: Jack to Lee Road Water Main
Coleen H. Sullins, Director
Division of Water Quality
DWQ EXP# 08-0391
Johnston County
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233)-EXPRESS REVIEW PROGRAM
On March 11, 2008, at the request of Mr. Scott Mizelle of Mizelle Consulting Inc., an on-site determination was
conducted to review one stream feature located on the subject property for applicability to the Neuse Buffer Rules
(15A NCAC 2B .0233). The feature is labeled as "A" on the attached map, initialed by Lia Myott on March 12,
2008. The Division of Water Quality (DWQ) has determined that the following:
• Feature "A" is subject to the Neuse Buffer Rule in the project area. The feature was determined to be a
perennial stream. Multiple mayflies (perennial indicator macrobenthos) were found in the 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/cbkllem
Attachments: NRCS Soil Survey Map, USGS Topo Quad Map
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Central Files
Mr. Scott Mizelle, Mizelle Consulting Inc., 1311 Elkhorn Rd., Garner, NC 27529-3774
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: hnp://h2o.enr.state.nc.us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
One
NhCarolina
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