20050960 Ver 1_Complete File_20050616

O?O? W A T ?9?G
r

June 16, 2005
David Layton Builder
Attn: Mr. David Layton
10713 Lowery Drive
Raleigh, NC 27615
Subject Property: Maywood Ave. 10 Acre Site
UT to Walnut Creek
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ EXP# 05-0960
Wake County
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B.0233)-EXPRESS REVIEW PROGRAM
Dear Mr. Layton:
On June 16, 2005, at your request I conducted an on-site determination to review two 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 maps initialed by me on June 16, 2005.
The Division of Water Quality (DWQ) has determined that the feature labeled as "A" on the
attached maps is subject to the Neuse Buffer Rule, this feature is subject throughout the property.
The feature labeled as "B" on the attached maps is not subject to the Neuse Buffer Rule. This
stream feature and its associated buffers should be identified on any future plans for this property. 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
John Dorney, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd., 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.
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
NOne arolma
,?afura!!?
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
David Layton Builder
Page 2 of 2
6/16/05
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 Deborah Edwards
at [phone].
Sincerely,
Alan W. Klimek, P.E.
AWK/dae
Attachments: Wake County Soil Survey map
USGS Raleigh West Quad map
cc: DWQ Raleigh Regional Office
File Copy
Central Files
Jason Payne-S&EC, 11010 Raven Ridge Road, Raleigh; NC 27614
City of Raleigh, Construction Engineering-222 West Hargett Street, PO Box 590, Raleigh, NC 27602
Filename 050960MaywoodAve(Wake)EXP+origin
MULTI COMMUNICATION REPORT
DATE JUN-16-2005 THU 11:22
NAME . M Q-WETLANDS
TEL [phone]
REF. NAME
COMMUNICATION MIODE : TX
NO. FAX NAME/NUMBER
360 96769787
360 98469467
START TIME TIME MODE
06-16 11:14 04'23" ECM
06-16 11:19 02'44" ECM
PAGE
4/4
4/4
RESULTS
OK
OK
TOTAL TIME : 00:07'07"
TOTAL PAGES : 8
?OF W ATF9o Michael F. Easley, Governor
?0 G William G. Ross Jr., Secretary
CO [ North Carolina Department of Enviromnent and Natural Resources
Q _ .- rte-- 'C
Alan W. Klimek, P.E. Director
Division of Water Quality
EXPRESS PERMIT REVIEW PROGRAM
Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Review Permitting Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: [phone]
Fax #: [phone]
Fax To: David Layton Fax #: [phone]
Jason Payne 919-846-9467
Subject: Maywood Ave. 10 Acre Site Date: -6Xvb5---- _
Number of pages including cover sheet:
Notes or special instructions:
The original will be sent in the mail. If you have questions please call Debbie Edwards at 919-733-9502.
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: httn://12o.enr.state.nc.u-,/ncwetlinds
One
NthCarolina
Naturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/100o Post Consumer Paper
cEc?= \` Cost 6/( " \ ? (,?!`3t
s
\
Ceb c CeD ICCC2
ti
LeFpslttive..'.'{
CCC2 h r
_ IC_L'2 ,
'apito
PARK
Ma ce??
c [ ?' ' \; ?q h1a v?.h' m( Z a noL, rE ?1 )t'. [ # + rx p
r Ce? CIC3 `j J j?C t32 ??
ma CfC2 _ b C i ( C rtt /
\ \ C CeC2 Y I /'
Apf32 CC[ 2 C r I .` ?i 1 c! 2• .? / ?t' ?2 I ^ -
s Cr D L Y I?G t
'XIA
e C Y_ ( y
c ,
Cri) , l i - L`nDl o : • e COD Cef ?_ ^V1 . APd2 ., rnG2 , I -
?? s AnD 1 . car
It \ { } ` ??? /// / J Aft CCC2 ?? CC
FnC2
.? ?, 11'A k Ct)b 1TAL?.? Cel'? ?X
Nt ?? ?rAa i'A)C2 ??' /
> r
t ?[
PAC
:. GCMCTEN/V!; ApL2 V F
Y
Gu -
v1 f ?`?? f
c c? rna? ceC2 ! s
\Ij`M'-, ??:+iil ?'C2 Ma Ma I Apr32 I I
?1? [F Ydn \\. CeD' r 31 I G[3?
(cl) Rq' tin !1f!( pfA7 h1e;\
r YA s \?
t
n
1^Jwr L 7 f??f' `? ' ?r t . 7 ? C? :'. Ce1<
:•: ma
I I no I/
F /L,•? Wn s t J \ \ , 'Cn,-C? A
O T V
Cc I dv / I Cr t\ i CcC2 I j I r tc? r4 5J
Cam{'- _ v -'WWI,
UC2
Cr?
/ N32 / A
Project No. ! Figure 2 - Soil Survey Map'
9564.W1 .
Maywood Ave. ?b;a Soil & Environmental Consultants, PA
Project Mgr.: 10 Acre Site 11010 Raven Ridge Rd.- Raleigh, NC 27614
Jason Payne David Layton Builders L' [phone] - [phone]
c m; ' , r Web Page: www.SandEC.com
Scale: Wake County, NC
1" = 1,320'
05103/05 Wake County Soil Survey
Issued 1970; Sheet S64 5`1
Map,;
wr Az
.1m UNA
-Q--M

C)5- og6o
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
To: .1 )ulQ
1 <20ak,l?c-ee31?r1.
We Transmit to you Herewith:
? Drawings
? Specifications
? Brochures or photos
? Correspondence
As per your request
Transmittal
Project #:
Project Name:
File:
? For your information and files
? For comment or approval
? Returned for correction, resubmit
? Approved as noted
A;n&r-Se
? By mail
By courier
By express
No. Copies Document No. Date Description

X35 ?1
?G L

Remarks:
D
i
If enclosures are not as listed as above, kindly notify us at once. -J U V/ Lg
y J
JUN 9 2005
By Il'ngGj ?DSAPID6101 WAT R BRIjY^
err
Charlotte Office: Greensboro Office:
236 LcPhillip Court, Suite C 3817-E lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone:: [phone]
Fax: [phone] Fax: [phone]
Date: (0/9
1a
O?O? I NA T ?9QG
D ?
June 6, 2005
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Wake County
EXPRESS REVIEW ACCEPTANCE LETTER
David Layton Builder
Attn: Mr. David Layton
10713 Lowery Drive
Raleigh, NC 27615
Fax #: [phone]
Subject Property: Maywood Ave. 10 Acre Site
On June 6, 2005, the Wetlands/401 Unit of the Division of Water Quality received a Fax/email request
from Soil & Environmental Consultants regarding a stream origin call for a project known as "Maywood
Ave. 10 Acre Site" for acceptance into the Express Review Program. This letter advises you that your
project will be accepted into the Express Review Program once the following items are received 1) a fee
of $200.00 made payable to the North Carolina Division of Water Quality, 2) four complete and collated
copies of the most recent versions of the NRCS Soil Survey map and the 1:24,000 USGS Topographic
map for the site, both with the property boundaries located, and 3) a vicinity map clearly marking the
location of the site. Thank you for your attention to this matter.
Please keep in mind that the clock for this project will not start until receipt of the completed application
package and required fee are received.
If you have any questions or wish to discuss these matters further please do not hesitate to call Cyndi
Karoly at 919-733-9721 or Deborah Edwards at 919-733-9502.
Sincerely,
Alan W. Klimek, P.E.
AWK/dae
cc: DWQ Raleigh Regional Office
File copy
Central Files
Jason Payne-S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614
401 Oversight/ Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27603
Phone: [phone] / FAX [phone] / Internet: littp://li2o.enr.stite.nc.us/ncwetlinds
One
Np
ithCarolina
Aatura!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
MULTI COMMUNICATION REPORT
DATE JUN-6-2005 MON 15:29
NAME DWQ-WETLANDS
TEL [phone]
REF. NAME
COMMUNICATION MODE : TX
NO. FAX NAME/NUMBER
309 96769787
309 98469467
START TIME TIME MODE
06-06 15:27 00'39" ECM
06-06 15:28 00'21" ECM
PAGE RESULTS
2/2 OK
2/2 OK
TOTAL TIME : 00:01'00"
TOTAL PAGES : 4
INITIAL INTEREST IN PARTICIPATION IN THE EXPRESS REVIEW PROGRAM
WITHIIV THE 401 OVERSITE/EXPRESS PERMITTING UNIT
September 1, 2004
Version 3
Applicant Name: David Layton Buildcr
Applicant Address: 10713 Lowery Drive
Applicant's phone number. [phone] Fax number- (919 676-97$7
Applicant's email address: NIA
Consultant Name (if applicable): S&EC
Consultant address (if applicable): 11010 Raven Ridgr, Road
Consultant's phone number. [phone] Fax number. [phone]
Consultant's email address: jp Rs ndec cam
Type of action requested under the Express Review Program (check all that apply):
? 401 Water Quality Certification
? Isolated Wetland Permit
? Riparian Buffer Approval
? Stormwater Management Plan
? Mitigation Plan
® Stream Origin Determination
___Z_# of Determinations Requested
? Intermittent/Perennial Determination
# of Determinations Requested
? stream ? wetland ? buffers (check all appropriate)
Name of Project: Maywood Avenue 10 Acre Site County: Wake
Total project acreage: 19 -(acres) Total built out impervious area: Q(acres)
Nearest named stream (from USGS topo map): Walnut Creek
Please provide a brief description of this project (attach site plan if available):
No vlans cu=ntly exist for this site The client is currently exploring pgssiUitics for development Rending wetland
and buffer determinations,
Please attach a map of site location using USGS 1:24,000 map and county soil survey.
Location of project site - please include reference to the county, nearest name town and highway number.
Ile DSgp= is located immediately South of the intersection of Maywood Avenue and Herring Street in Raleigh,
Wakr, County. NC Approximately 1.500 feet East of thg intersection of Maywood Avenue and Lake Wheeler Road
Proposed impacts:
N/A
N/A
NIA
N/A
N/A
Acres of 404 wetlands
Acres of isolated wetlands
Linear feet of streams
Linear feet of isolated streams
Square feet of protected stream buffers
Has consultant or applicant attended any DWQ-sponsored training sessions in the past two years? If so, please list
which ones. Yes Express Permit Training
Has any DWQ staff visited the site?-No -, if yes, please provide DWQ staff name,
date of visit:
Which other environmental permits from other agencies will be needed for this project? Please list the permits and
issuing agencies below:
and
None at this time -
Does this project require approval under the State Environmental Policy Act or National Environmental Policy Act?
No
Is this project an After-the-fact application or has this project received a previous Notice of Violation from DWQ?
No
Does this project require approval of a Variance from the NC Environmental Management Commission? No
Are you aware of any local controversy concerning this project? If so, please describe the controversy and any
measures that have been taken with respect to public involvement.
N4. I ong
This form must be submitted via email (c/o 401exnress(&mcmail.net). faxed (919-733-6893) or hand-delivered to the
Parkview Building, 2321 Crabtree Blvd., Raleigh, NC 27604. Applicants who are selected to participate in the
Express Review Program will be notified via email or fax within 2 days. Successful applicants will then be instructed
regarding detailed procedures for full application (Please Note: Submittals of the review packages on Friday after
12:00 pm will be stamped as received on the next business day).
Please contact Debbie Edwards at 919-733-9502 if you have any questions regarding this form.
2
mrm
Site

L _
Gil
- l1 = ;,
rll ,t f
C'T
f '1
ANN
Jai ?- i ? I
COD
\C' C2 C(
_ _? t 1 ? I ? l f .161 ( L -
1. ?. ? ; i' ;r- -., ?; ?•
.\ c` t nr' ? ? rl
/ iJ7
l,r(_
-X
al,ilz \\\
r `L \ \1. ` \ y _?,I \ II
i )l
fA ' `. I? Lr2
Alt.
ir) I:o i /J
I
,
1:.11 ? •r / r ?, i ? / { ? (/ , \c _i ` ? j?• ?? ? / -.? '?
Project No.
9564.W1 Figure 2 - Soil Survey Map
i
-- Maywood Ave. Soil & Environmental Consultants, PA
Maywoo
9 10 Acre A Site 11010 Raven Ridge Rd.- Ralcigh, NC 27614
Project M I'll
Jason Payne David Layton Builders (sls) $4? 5??0 • (s?s? d4s s46?
.•_ Web Page: vrvrvv.SandEC.ccm
Scale: Wake County, NC
1" = 1,320'
05/03/05 Wake County Soil Survey
Issued 1970; Sheet „ d >'i
06 06.2005 10:33 FAT
10 001
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Par.: [phone]
TO: NAME n&& C:
COMPANY:Ir-Oct..)a
rAX NUMBER; 7 Co 3
FROM `,TNP SUBJECT: o(?iiejo
The following items are bein r faxed. Number of pages including transmittal sheet:.
For Your Comments/Approval
Per Our Conversation
Please Advise
Would Dike To Discus
For Your Information
Per Your Request
Please Call
Please Handle
HARD COPY SENT:
US Regular Mail Hand Delivery
Overnight No Hard Copy Sent
REMARKS:
:: I I a nk?_
IF YOU IIA? ? ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE
CONTACT' 11,Jb AT [phone].
"CONFIDENTIALITY NOTICE*
This transmission is intended only for i he we of the it,dividuA or entity to which it is addressed and may con Laid
information that is privileged and confidential. If the reader of this message is not the intended reccpicnt, you are hereby
notified that any disclosure, distribution or copying of this information is strictly prohibit=d. If you have received this
transmission in error, please notify us i amcdiately by telephone and return the faxed docunierits to its at the above address
v,a the United States Postal Service.
Charlotte Offit:c: Greensboro Ctf:S.:
236 Lcl'hiltip Court, Scite C 3317•E Lnwndalc Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
JUH-6-2005 1-1011 09:05 TEL: [phone] MANE: DHO-WETLAIIDS P. 1?
FACSIMILE SHEET
F.4 NQ (919) 846-946:
DATE: Q(0 Project Number: 5A, (41
06/06%2005 10:59 FAX 0002
INITIAL INTEREST IN PARTICIPATION IN THE EXPRESS REVIEW PROGIt"I
WITHIN TFE 401 OVERSITE/L'XPRESS PERAHTTING UNIT
September 1, 2003
Version 3 cA 09 6
Applicant Name: David La)ton Bailder
Attn: Mr. David Layton
Applicant Address: 10713 Lowery Drive
Raleirh,NC 27515
Applicant's phone number: 19 w-5995 Fax number: (919 676-9787
Applicant's email address: N/A
Consultant Name (if applicable): S&1
Attn.. Mr. Jason Payne
Consultant address (if applicable): 11010 Raven Ridge Road
& 1ci g-h NC 27614
Consultant's phone number. [phone] Fax number. 919 846-9467
Consultant's email address: a e a i ndec com
Type of action requested under the Ex3ress Review Program (check all that apply):
? 401 VA'ater Quality Certification
? Isolated Wetland Permit
? Riparian Buffer Approval
? Stormwater Management Plan
? Mitigation Plan
® Stream Origin Determination
2 # of Determinations Requested
? Intermittent/Perennial Determination
4 of Determinations Requested
? stream ? wetland ? b1 iffers (check all appropriate)
Name of Project: Maywood Avenue 10 Acre Site County: Wake
Total project aercage: 10 (acres) "'otal built out impervious area: 0 (acres)
Nearest named stream (from USGS topo, map): Walnut Creek
Please provide a brief, description of this project (attach site plan if available):
No plans currently exist for this site. T ie client is currently eUlorinp_Wssibilities for development pending wetland
and buffer determinations.
Please attach a map of site location usi ig USGS 1:24,000 map and county soil survey.
JU14-6-2005 HON 09:Q6 TEL:[phone] HRIE:DWQ-WETLHNDS P. 2
00:06/2005 10:39 FAX 0005
Location of project site - please inclu, le reference to the county, nearest name town and highway number:
The property is located immediately. South of the intersection gfMgywood Avenue and Herring Street in Raleigh,
Wake Cowit IBC. Approximately 1, 300 feet East of the intersection of Maywood Avenue and Lake Wheeler Road
(S.R. 1005).
Proposed impacts:
N/A
N/A
N/A
N/A
Acres of 404 wetlands
Acres of isolated wetlands
Linear feet of streams
Linear feet of isolated streams
Square feet of protected stream buffers
Has consultant or applicant attended any DWQ-sponsored training sessions in the past two years? If so, please list
which ones. Yes, Express Permit ?:.mining`
Has any DWQ staff visited the site7_Vo , if yes, please provide DWQ staff name, and
date of visit:
Which other environmental permits from other agencies will be needed for this project? Please list the permits and
issuing agencies below:
None at this time.
Does this project require approval und.r the State Environmental Policy Act or National Environmental Policy Act?
No
Is this project an After-the-fact application or has this project received a previous Notice of Violation from DWQ?
No
Does this project require approval of a Variance from the NC Environmental Management Commission? No
Are you aware of any local controversy concerning this project? If so, please describe the controversy and any
measures that have been taken with respect to public involvement.
No, none.
This form must be submitted via email. (c/o 401express(anemail.net) faxed (919-733-6893) or hand-delivered to the
Parkview Building, 2321 Crabtree Blvd., Raleigh, NC 27604. Applicants who are selected to participate in the
Express Review Program will be notified via email or fax within 2 days. Successful applicants will then be instructed
regarding detailed procedures for full application (Please Note: Submittals of the review packages on Friday alter
12:00 pnt will be stamped as received on the next business day).
Please contact Debbie Edwards at 919-733-9502 if you have any questions regarding this form.
2
JU11-6-2005 1°1011 09:06 TEL: [phone]AHE: DWQ-WETLAIIDS P. 3
06/06/9.005 10:39 FAX
0004
Vrfm"

1 11 4 1

11
i
r:
s+
Project No. Figure 1 - USGS Map
9564.W1
Maywood Ave.
Project Mgr.: 10 Acre Site
Jason Payne David Layton Builders
Scale: Wake County, NC
,= 2,000
JUI-1-6-2005 1110N 09:06 TEL:[phone]

IIW
r-re YI` r.-`?.r,
W.

E z.1
A
?

w,p4a 1
r-
'
V"
1&
I
,.5
r>a'
ri
JLLL-'?d /I
igm
Or ;.I
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh. NC 27614
[phone] - [phone]
Web Ngo: www.SandEC.cam
NAh1E: DWQ-4•lETLANDS P. 4
,am Ut,
or sawsoh ?I
,'N-3(1
Soo? 6 Nor
0
0:),UOZ$ 00*0$ 00.OOZ$
7'-noa'y APd ;unOOSTQ aoueTua
011'UOZ$ :?uWv :,OagJ SO/60/90
: 9LT :iaqunf7 XOa4J
oa) ba Sa
:a4ep
Ttd'b9S6 SO/60/90 ODTOAUI TS06090 6ZTL
03uaza;a'd aZeQ adiCy aOTOAUI N uezj
AgTT2nO 531214 30 UOTSTATQ
dd 'S1Nv.LinSNOO -Id1N3WNOUTAN31 1101