20081718 Ver 1_Buffer Determination_20081121

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 21, 2008
Mr. Greg Jarrell
788 Bass Lane
Macon, GA 31210
Subject Property:
Jarrell/Aspen Project (PIN: 1764777743)
Coleen H. Sullins, Director
Division of Water Quality
DWQ EXP# 08-1718
Wake County
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 211
.0233) - EXPRESS REVIEW PROGRAM
Dear Mr. Jarrell:
On November 21, 2008, at your request, Lia Myott Gilleski conducted an on-site determination to review one
stream feature located on the subject property (728 Three Sisters Road, Knightdale, NC) for applicability to the
Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "A" on the attached maps initialed by Lia
M. Gilleski on November 21, 2008. The Division of Water Quality (DWQ) has determined that the following:
• Feature "A" is not subject to the Neuse Buffer Rule on the property or within 50 feet of the property
boundary. No stream feature is present on the subject 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 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.
CHS/cbk/lmg
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/ncwetlands
NorthCarolina
Nahmallry
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Jarrell/Aspen Project
Page 2 of 2
November 21, 2008
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
Matt Matthews, DWQ Branch Manager
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