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Home My WebLink About20081750 Ver 1_Jurisdictional Determination_20090109?GF w gTF,9p Michael F. Easley, Governor o G William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality January 9, 2009 DWQ EXP# 08-1750 Johnston County Mr. John Barber P.O. Box 7 Clayton, NC 27520 Subject Property: Clayton Green Wilson Street (PIN: 166914-24-5585) Dear Mr. Barber: On November 25, 2008, at the request of Mr. Jamie Guerrero of PNT Environmental Consultants, Lia Myott Gilleski 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 "A" on the attached maps initialed by Lia M. Gilleski on November 25, 2008. On January 2, 2009, Mr. Adam Carter of Wetland Solutions, LLC, contacted this office to request further jurisdictional determination regarding the pond on the property. The Division of Water Quality (DWQ) has determined that the following: Feature "A" (including the pond) is not subject to the Neuse Buffer Rule on the property. Although the stream on the subject property has very well defined geomorphology, the hydrology and biology of the stream was lacking; therefore, the stream was deemed ephemeral by DWQ. The pond on the subject property shown on the county soil survey that is associated with Feature "A" is not subject to the buffer rule, nor is it considered a jurisdictional wetland. The pond is a State jurisdictional open water. 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. ncerely, f Coleen H. Sullins CHS/cbk/lmg 101 Oversight / Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 1321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 'hone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/newetlands One NorthCarolina Natu'rallif M Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Mr. John Barber Page 2 of 2 January 9, 2009 Attachments: Johnston County Soil Survey Map USGS Topographic Map cc: Lauren Witherspoon, DWQ Raleigh Regional Office Matt Matthews, DWQ Branch Manager File Copy Mr. Adam Carter, Wetland Solutions, LLC, PO Box 244, Bunnlevel, NC 28323 Mr. Bill Owen, United Developers, 2939 Breezewood Ave., Suite #201, Fayetteville, NC 28303 1•cn-aScrrci Inure Cotrrlcsc ol'tlw I IS6S Send To PnNer ?- x AL CJ -6- 0 r• 41*. Ol -J 1liv.t n,?,g v b.c,urtesy of the U.S. Geological Survey zoo., d ;F49 Microsoft Corporation. Terms of Use Privacy Statement hup:. Icn'atirr?rr u.a.rom'PrinUnl??c.aspx?I 2&'S I I&Z 17KX 19... Back Tu iF=s ? ,i",e. er Change to I Ix17 Pant Size Show Gnd Unes Change to La -45WO ZUSGS Clayton, North Carolina, United States 01 kA 1973 I 1 .'.•I 2008 }:'zO I•h'1 ?b 0 :i v G :J V G v V r * :J k ? i. z - 'J. r * U Cy t v. G v. v f7 G v Y G m 0 0 ro v Q v v w G O O U r-i v ro u vi s •.J Ay O?O? WATF19pG 0 ii 'C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 26, 2008 Allen & Allen Associates Attn: Mr. Harvey Allen 136-D Bow Street Fayetteville, NC 28301 Subject Property: E. Wilson Street Apartments (PIN: 166914-24-5585) Coleen H. Sullins, Director Division of Water Quality DWQ EXP# 08-1750 Johnston County On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B .0233) - EXPRESS REVIEW PROGRAM Dear Mr. Allen: On November 25, 2008, at the request of Mr. Jamie Guerrero of PNT Environmental Consultants, Lia Myott Gilleski 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 "A" on the attached maps initialed by Lia M. Gilleski on November 25, 2008. The Division of Water Quality (DWQ) has determined that the following: • Feature "A" (including the pond) is not subject to the Neuse Buffer Rule on the property. Although the stream on the subject property has very well defined geomorphology, the hydrology and biology of the stream was lacking; therefore, the stream was deemed ephemeral by DWQ. 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/Img Attachments: Johnston County Soil Survey Map Sincerely, Coleen H. Sullins 401 Oversight / Express Review Permitting Unit 650 Mail Service Center, Raleigh, North Carolina 27699-1650 021 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 'hone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwctlands Noy` hCarolina J?WAW1!y kn Equal Opportunity/Affirmative Action Employer - 50% Recycled/10%, Post Consumer Paper Allen & Allen Associates Page 2 of 2 November 26, 2008 USGS Topographic Map cc: Lauren Witherspoon, DWQ Raleigh Regional Office Matt Matthews, DWQ Branch Manager File Copy Mr. John T. Barbour, P.O. Box 7, Clayton, NC 27520 Mr. Jamie Guerrero, 34 Castlewood Drive, Clayton, NC 27520