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Home My WebLink About20081118 Ver 1_Buffer Determination_20080717W A 7- ,-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 July 17, 2008 DWQ Project # 08-1118 Wake County Page 1 of 2 Mr. Steve Mitchell Mitchell Environmental 1813 Lancaster Drive Garner, NC 27529 Subject Property: 4516 Lake Boone Trail PIN #0785626386 Raleigh, NC On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B.0233) Dear Mr, Mitchell On July 16, 2008, at your request Eric Kulz with the DWQ 401 Oversight and Express Review Permitting Unit conducted an on-site determination 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 "S1" on the attached maps initialed by Mr. Kulz on July 17, 2008. The Division of Water Quality (DWQ) has determined that the surface water labeled as "S1" on the attached map is intermittent and is Subject to the Neuse Buffer Rule. The intermittent origin of this feature was identified at a point "B", located approximately six feet downstream of the origin of a channel at point "A". The channel reach from point "A" to point "B" was scored on the stream identification form (Version 3.1) at 13 points. The stream reach downstream of point "B" was scored at 22.5 points. Stream scoring at least 19 points on the stream form are considered to be intermittent streams, and are subject to the Neuse Buffer Rule.. This on-site determination shall expire five (5) years from the date of this letter. The Neuse Riparian Buffer extends 50 feet from the top of the bank of the subject stream. At the origin point, the buffer also extends in a 50-foot arc upstream and around the origin point. Any construction activities occurring outside the 50-foot buffer are not subject to any restrictions or requirements of the buffer rules, except for the need to maintain diffuse flow through the entire 50-foot buffer (15A NCAC 02B.0232 (5)), Stormwater must enter and flow through the buffer in a diffuse manner. Erosive flows resulting in gullies or rills are not allowed. 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: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.ac.us/ncwetlands Npyrthe Carolina Naturally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Steve Mitchell Page 2 of 2 July 17, 2008 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. 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 at (919) 733-1786. Sincerely, Cyndi B. Karoly, Supervisor 401 Oversight/Express Review Permits Unit CBK/EWK Enclosures: USGS Topographic Map, NRCS Soil Map, Wake County GIS map cc: Lauren Witherspoon, DWQ Raleigh Regional Office File Copy (Eric Kulz) Central Files Filename: 081118 4516LakeBooneTrailNBR 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: 919-733-1786 / FAX 919-733-6893 / Internet: httn://h2o.enr.state.nc.us/ncwetlands None hCarolina Atumlly An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Page 1 of 2 W? ks COUPIT'?'-,ANO `r"E CITY OF IRA?LEIGH !-. WAKE COUNTY 4516 Lake Boone Trail Xitil I Map created on 7/17/2008 2:36:07 PM. Copyright 2008. City of Raleigh, Wake Parcel Number: 0785626386 tiREID: 0222580 OWNER1: WILLIAMS, GARY W ADDR1: 5009 LENORAWAY DR ADDR2: RALEIGH NC 27613-1402 ADDR3: DEED BOOK: 06971 DEED PAGE: 0779 DEED DATE: 5/10/1996 DEED ACRES: 1.92 BLDG VAL: 0 LAND VAL: 376069 BILLING CLASS: INDIVIDUAL DESCRIPTION: L02 PROP OF CAREY D WATKINS BM1996-403 'MAP NAME: 078519 PIN NUM: 0785626386 ,PIN EXT: 000 'CITY: .TOWNSHIP: MEREDITH YEAR BUILT: .0 SALEPRICE: 0 SALEDATE: TYPE USE: iDESIGN STYLE: 'UNITS: 0 LAND CLASS: VACANT :OLD PARCEL NUMBER: - RALEIGH SITE ADDRESSES I STREET NUM: 4516 STREET SUITE: 'STREET DIR PRE: STREET NAME: LAKE BOONE STREET TYPE: TRL STREET DIR SUF: ADDRESS TYPE: Parcel ADDRESS STATUS ,,,,,,? ACTIVE CNMINIL !Y / 4 K , jols '7/1'7/IRAQ 0 226 ft N11 ffi t�� vrg., ffi W.1