20080431 Ver 1_Buffer Determination_20080317

W A
6 OG_? =1
o ?
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
March 17, 2008
Mr. Steve Mitchell
1813 Lancaster Drive
Garner, NC 27529
Subject Property:
DWQ Project # 2008-0431
Wake County
Mr. & Mrs. Victor Ahlberg's Property, 5305 Lead Mine Road,
Raleigh, NC
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233)
Dear Mr. Mitchell:
On January 22, 2008, at your request I conducted an on-site determination to review one 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 Amy Chapman on March
17, 2008.
The Division of Water Quality (DWQ) has determined that the surface water labeled as
"A" on the attached map is ephemeral and is not subject to the Neuse Buffer Rule. The
owner (or future owners) should notify the DWQ (and other relevant agencies) of this decision in
any future correspondences concerning this property. 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 may
ask for an adjudicatory hearing. 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.
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.
N One Carolina
?llCll??tf
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: htlv://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Steve Mitchell
Page 2 of 2
March 17, 2008
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 Amy Chapman at [phone].
Sincerely,
Cyndi B. Karoly, Supervisor
401 Oversight/Express Review Permits Unit
CBKlasc
Enclosures: Raleigh West Topo
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Central Files
Filename: 080431_5305LeadMine(Wake)NBR DET

TopoZone - Yorkshire Downs, USGS Raleigh West (NC) Topo Map Page 1 of 1
Yorkshire Downs, USG" Raleigh West (NC) Quadrangle
?o 1?,ee? U Projection is UTM Zone 17 NAD83 Datum
Ur" p

08 043 1
M=-8.806
G=1.364