20081290 Ver 1_Buffer Determination_20080826

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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
August 26, 2008
DWQ Project # 08-1290
Wake County
Page 1 of 2
Mr. Steve Mitchell
1813 Lancaster Drive
Garner, NC 27529
Subject Property:
2219 Oxford Road - Raleigh
PIN #1705-60-5320
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233): Verification of Top of Bank.
Dear Mr. Mitchell:
On July 10, 2008, at your request Eric Kulz of the DWQ 401 Oversight and Express Permitting
unit visited the above-referenced property for the purpose of verifying the top of bank, to
determine the extent of the Neuse River riparian buffers on the site.
During the site visit, Mr. Kulz observed the top of bank accurately marked with pin flags. The
top of bank and associated buffers are accurately shown on the Recombination of Lots
24,25,26,27 & a Portion of Lot 28 of D.L. Johnson Subdivision, dated April 17, 2008, and
prepared by John Y. Phelps, Jr. Copies of this survey map were signed by Eric Kulz on August
26, 2008. Two copies are attached to this letter.
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.
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/ncwctlands
Noe Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Steve NllLUmit
Page 2 of 2
August 26, 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 at [phone].
Sin ly,
yndi B. Karoly, Supervisor
401 Oversight/Express Review Permits Unit
Enclosures:
cc: (w/o attachments) Lauren Cobb - DWQ Raleigh Regional Office
File Copy
Central Files
Filename: 081290 TOB Verification
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: httg://h2o.enr.state.ne.us/ncwetlands
Nye Carolina
Ntoally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper