20010072 Ver 2_Buffer Determination_20090204

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H, Sullins
Director
Dee Freeman
Secretary
February 4, 2009
DWQ EXP# 01-0072v2
ZIP Developers, Inc.
Attn: Mr. Don H. Perry
306 Lakeside Circle
Zebulon, NC 27597
Subject Property: Lot 22 - Zebulon Industrial Park (PIN: 2705662933)
Wake County
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233) - EXPRESS REVIEW PROGRAM
Dear Mr. Perry:
On February 4, 2009, at the request of Mr. Danny Williams of Williams-Pierce & Associates, regarding a
project known as "Lot 22 - Zebulon Industrial Park" for acceptance into the Express Review Program. Lia
Myott Gilleski conducted an on-site determination to review one stream feature located on the subject
properties 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 February 4, 2009. The Division of Water Quality
(DWQ) has determined that the following:
Feature "A" is not subject to the Neuse Buffer Rule on the property. A man made ditch has been
created on the property north of Gannon Avenue when a new culvert was recently installed;
however, downstream the feature is only an ephemeral stream to its confluence with feature "B".
Feature "B" (UT Little Creek) is uncontested and is subject to the Neuse Buffer Rule on the
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.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr,state.nc,us/ncwetlands/
North Carolina
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An Equal Opportunity 1 Affirmative Action Employer
Zip Developers, Inc.
Page 2 of 2
February 4, 2009
CHS/cbk/lmg
Attachments: Wake County Soil Survey Map
USGS Topographic Map
Sincerely,
??oleen H. Sullins
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Mr. Danny Williams, Williams-Pierce & Associates, P.O. Box 892, Zebulon, NC 27597
Mr. Matt Matthews, DWQ Wetlands and Stormwater Branch Manager
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