20080557 Ver 1_Buffer Determination_20080519

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May 19, 2008
Homes by Greg Johnson, Inc.
Attn: Mr. Greg Johnson
612 Powell Street
Smithfield, NC 27577
Subject Property
Cleveland Oaks Subdivision - Phase IV
Coleen H. Sullins, Director
Division of Water Quality
DWQ EXP# 08-0557
Johnston County
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 213
.0233)-EXPRESS REVIEW PROGRAM
This letter is a revision of the April 14, 2008 letter for Cleveland Oaks Subdivision. The only change made to this
letter is the title of the Subject Property. The April 14, 2008 letter stated that the property was known as
"Cleveland Oaks Subdivision - Phase II", which was incorrect. On April 3, 2008, at the request of Mr. Neal
Floyd, an on-site determination was conducted to review two stream features located on the subject property for
applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as "A" and "B" on the
attached map, initialed by Lia Myott on April 8, 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, "A 1" (Intermittent Stream begins).
Flag "Al" is located at approximately 35° 36' 14.0165" latitude and -78° 35' 12.966" longitude.
• Feature "B" is not subject to the Neuse Buffer Rule since the feature, where present, was ephemeral.
Since feature B is not subject, the pond at the head of the feature is not subject either.
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.
Si erel ,
CHS/cbk/lem
0K___ Coleen H. Sullins
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
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
One
N Carolina
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Homes by Greg Johnson, Inc.
Page 2 of 2
May 19, 2008
Attachments: NRCS Soil Survey Map, USGS Topo Quad Map
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Central Files
Neal Floyd, Neal Floyd & Associates, 7908 Audubon Dr., Raleigh, NC 27615