20081786 Ver 1_Buffer Determination_20081208

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 8, 2008
Mr. Paul Bradley Forrest
511 Dundalk Way
Cary, NC 27511
Subject Property: 511 Dundalk Way (PIN: 0753202257)
Coleen H. Sullins, Director
Division of Water Quality
DWQ EXP# 08-1786
Wake County
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233) - EXPRESS REVIEW PROGRAM
Dear Mr. Forrest:
On December 8, 2008, at your request, Lia Myott Gilleski conducted an on-site determination to review two
stream features located on the subject properties 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 Lia M. Gilleski on December 8,
2008. The Division of Water Quality (DWQ) has determined that the following:
Feature "A" is subject to the Neuse Buffer Rule at the culvert outlet since it was determined to be an
intermittent stream.
• Feature "B" is subject to the Neuse Buffer Rule since it is also an intermittent stream.
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, // JJ
S?
Coleen H. Sullins
CHS/cbk/lmg
Attachments: Wake County Soil Survey Map
USGS Topographic Map
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
Matt Matthews, DWQ Branch Manager
File Copy
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/ncwettands
NorthCarolina
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