20080973 Ver 1_Buffer Determination_20080616

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Lowe's Home Centers, Inc.
Attn: Mr. Nicky Wagoner
P.O. Box 1111
North Wilkesboro, NC 28659
Subject Property: Lowe's of Holly Springs
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
June 16, 2008
Coleen H. Sullins, Director
Division of Water Quality
DWQ#: 08-0973
Wake County
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Wagoner:
On June 12, 2008, at your request, Lia Myott Gilleski conducted an on-site determination to review two
stream/water features located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B
.0233). The features are labeled as "B" and "C", on the attached maps initialed by Lia Myott on June 16, 2008.
The Division of Water Quality (DWQ) has determined that the following:
• Feature "B" is not subject to the Neuse Buffer Rule. The feature is a pond that has a wetland at the
downstream end and no jurisdictional stream feature entering the pond.
• Feature "C" is not subject to the Neuse Buffer Rule. The pond feature is not present.
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 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 Gilleski at 919.733.9502.
Sincerely,
CHS/cbk/lmg
Coleen H. Sullins
Attachments: Wake County Soil Survey Map, USGS Topographic Map
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/newetlands
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Lowe's of Holly Springs
Page 2 of 2
June 16, 2008
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Central Files
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