20090140 Ver 1_Buffer Determination_20090217

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 17, 2009
DWQ EXP# 09-0140
Franklin County
Town of Youngsville
Attn: Mr. Andy McGhee
118 North Cross Street
Youngsville, NC 27596
Subject Property: Luddy Park
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233) - EXPRESS REVIEW PROGRAM
Dear Mr. McGhee:
On February 17, 2009, at the request of Mr. Michael Moss of Cawthorne, Moss & Panciera, PC, Lia Myott
Gilleski conducted an on-site determination to review one stream feature located on or near 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 17, 2009. The Division of Water Quality
(DWQ) has determined that the following:
• Feature "A" is not subject to the Neuse Buffer Rule on the Luddy Park property. However, it is
subject downstream from the property at the DWQ flag labeled, "Al" (intermittent stream begins)
which is located approximately 35 feet above the old dam location.
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/
Sincerely,
Coleen H. Sullins
NorthCarolina
Aatura&y
An Equal Opportunity 1 Affirmative Action Employer
Luddy Park
Page 2 of 2
February 17, 2009
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Attachments: Franklin County Soil Survey Map
USGS Topographic Map
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Matt Matthews, DWQ Wetlands and Stormwater Branch Manager
Michael Moss, 33 South White Street, Wake Forest, NC 27587
Karen Pageau, DLR Raleigh Regional Office

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