20090736 Ver 1_Buffer Determination_20090701

Beverly Eaves Perdue
Governor
July 1, 2009
Dee Freeman
Secretary
DWQ EXP# 09-0736
Wake County
Mr. Harold Yelle
3755 Benson Drive
Raleigh, NC 27609
Subject Property: Glenwood Avenue (PIN: 0787214937)
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233) - EXPRESS REVIEW PROGRAM
Dear Mr. Yelle:
On July 3, 2009, at the request of Mr. Jay Keller of Keller Environmental, 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 213 .0233). The feature is labeled as "A" on the attached maps
initialed by Lia M. Gilleski on July 1, 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 since the stream feature is
not depicted on either the Wake County soil survey or the USGS topographic map. However, the
stream is intermittent for jurisdictional purposes between the DWQ flags labeled "Al
(Intermittent stream begins)" and "A2 (Intermittent stream ends)".
Feature "B" (UT to Turkey Creek) is an uncontested perennial stream that 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/
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H, Sullins
Director
Sincerely,
/ Coleen H. Sullins
One
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An Equal Opportunity 1 Affirmative Action Employer
Mr. Harold Yelle
Page 2 of 2
July 1, 2009
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Attachments: Wake County Soil Survey Map
USGS Topographic Map
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Mr. Jay Keller, 7921 Haymarket Lane, Raleigh, NC 27615
Mr. J.R. Adams, 3025 Westbury Dr., Raleigh, NC 27607-3067
Glenwood Avenue Soil Survey
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