20041647 Ver 1_COMPLETE FILE_20050126

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 3, 2006
DWQ Project # 20041647
Wake County
Page 1 of 2
Mr. Todd Preuninger
E Withers & Ravenel
111 MacKenan Drive
Cary, NC, 27511
Subject Property: Buffer Determination Appeal for Stream Feature A,
De Vintage Subdivision (formerly Langston Commons/TenTen Road Site),
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B.0233)
Dear Mr. Preuninger:
On December 30, 2005, at your request I conducted an on-site determination to review a 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 map initialed by me on December 30, 2005. Division of Water Quality
(DWQ) Staff had previously conducted an on-site determination of the feature. In your letter to the
Director dated December 5, 2005, you requested an appeal of the determination as provided within 15A
NCAC 02B.0233(3)(a).
At your request, I conducted an appeal of the determination as stated above. During my review I
determined that feature "A" is an intermittent stream starting at the dam and continues downstream.
Previously, the feature had been flagged further upstream of the dam within the old drained pond bed.
The DWQ has determined that the stream labeled as "A" on the attached map is not subject to the
Neuse Buffer Rule upstream of the dam, but is subject downstream of the dam. This determination
shall replace the determination originally performed by this Office.
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 additional questions or require additional information please call me at (919) 733-
9721. This determination is subject to review as provided in Articles 3 & 4 of G.S. 150B.
Sincerely,
'/ r1l)-p
Cyndi Karoly, Alan W. Klimek, P.E.
401 Oversight and Express Permitting Unit
AWK/cbk
Carolina
401 Oversight/Express Review Permitting Unit N,ptthturR"'a
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htto:'/h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Todd Preuninger
Page 2 of 2
January 3, 2006
Enclosures: Wake County Soil Survey October 1984
cc: Eric Kulz, DWQ Raleigh Regional Office
File Copy
Central Files
Filename: 20041647TenTen(Wake)NBR appeal

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Project No.
Figure 2 - Soil Survey Map

Langston Commons
Project Mgr.: Withers & Ravenel
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Wake Count
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Scale:
V = 1320'
05/04/04 Wake County Soil Survey
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WITHERS & R"ENEL
ENGINEERS I PLANNERS I SURVEYORS
111 MacKenan Drive
CARY, NORTH CAROLINA, 27511
[phone]
FAX [phone]
TO: DWQ
2321 Crabtree Blvd
Raleigh NC 27604
LETTER OF TRANSWTTAL
DATE 12/05/05 l6 No. 2033-14.0
-ATTENTION C ndi Karol
PHONE #
RE: 'de Vintage Subdivision Site'
WE ARE SENDING YOU ® Attached ? Under separate cover via _
? Shop Drawings ? Prints ? Plans ? Samples
? Copy of Letter ? Change order ? Diskette ?
COPIES DATE NO. DESCRIPTION
1 12/5105 1 Buffer Appeal

THESE ARE TRANSMITTED as checked below:
? For approval ? Approved as submitted
® Foryour use ? Approved as noted
? As requested ? Returned forcorrections
® For review and comment ?
? FOR BIDS DUE 20 ? PRINTS RETURNED AFTER LOAN TO US 's

}r C 6 Zuua
REMARKS: Please feel free to call with any questions.
WATER
;.: OAUTER 13Fl
F..??te 3?n STQRFAW
? Resubmit copies for approval
? Submit copies for distribution
? Return corrected prints
the following items:
? Specifications
COPYTO: File SIGNED: Todd Preuninger
If enclosures are not as noted, kindly notify us at once.
WITHERS RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
December 5, 2005
NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Boulevard - Suite 250
Raleigh, North Carolina 27699-1650
Re: Buffer Appeal for the `de Vintage Subdivision' site (formerly Langston Commons)
DWQ EXP #: 04-1647
W&R Project #: 203314
Dear Ms. Karoly,
On October 19, 2004, a site meeting was conducted with Ms. Debbie Edwards to
review the stream features on the `de Vintage' site. Ms. Edwards determined that the
drainage feature within the base of a drained, labeled `A' on the attached maps, was
subject to the Riparian Buffer Rules. Subsequently, Ms. Jennifer Burdette with the
USACE, ruled that the stream feature in question actually originates approximately
soo feet below the base of the dam. Through conversations with the Project
Engineer and Soil and Environmental Consultants, I believe that Mr. Steve Mitchell
may have also visited the site, however; no buffer letter was written to confirm his
determination. Based on the fact that the USACE did not consider the drainage
feature within the base of the pond to be a stream, we would like to request an
additional site meeting to verify the buffer start point. I have included a set of maps
for your review as well as the original buffer letter.
Please let me know if you need any additional information to complete your review.
Sincerely,
WITHERS &-RAVENEL, INC.

Todd Preuninger
Director of Wetlands & Biological Sciences
iii MacKenan Drive i Cary, North Carolina 27511 1 tel: [phone] fax: [phone]oo8 i www.withersravenel.com
7040 Wrightsville Ave i Suite 1o1 i Wilmington, North Carolina 28403 1 tel: [phone] fax: [phone]
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Govemor William G. Ross, Jr.; Secretary
Alan W. Klimek, Pi, Director
October 19, 2004
`I)WQ EXP ## 04-1647
Wake County
{
Craven Langston O CT 2 5 2004
3505 Ten Ten Road -
Apex, NC 27502
Subject Property: Ten Ten Road Site/Langston Commons Site
UT to Dutchman's Branch
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233)-EXPRESS REVIEW PROGRAM
Dear Mr. Langston:
On October 19, 2004, at your request I conducted an on-site determination to review two features
located on the subject property 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 me on October
19, 2004.
The Division of Water Quality (DWQ) has determined that the feature labeled as. "A " on
the attached maps is subject to the Neuse Buffer Rule, the origin of this feature has been
delineated and flagged in the field and is identified as the culvert at the Walgreen's parking
lot through to the base of the dam (within this area there is a permanent pool that remains
from a drained pond that is also subject), from the base of the dam, the stream.is not
subject through to flag # J01, at flag 001 through to off property this feature is subject
again. Feature B is not subject. This feature and its associated buffers should be identified on
any future plans for this property. The owner (or future owners) should notify the DWQ (and
other relevant agencies) of this decision in any future correspondences concerning this 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 or Delegated
Local Authority 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 John Dorney, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd.,
Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated
Local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory
hearing. 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
401 Wetlands Certification Unit
1650 Mal 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.ne.us/ncwegands
An Equal Opportunity/Affirmative Action Employer- 500% Recycled/101% Post Consumer Paper
NorthCarohna
Natmally
Craven Langston
Page 2 of 2
10/19/04
(including downstream and adjacent landowners) is notified of this decision. DWQ recommends
that the applicant conduct this notification in order to be certain that third party appeals are made
in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you
ask for a hearing within 60 days.
4
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 additional questions or require additional information
please call Debbie Edwards at [phone].
Sincerely,
Alan W. Klimek, P.E.
AWK/dae
Attachments: Wake County Soil Survey map
USGS Apex Quad map
cc: Mike Horan, DWQ Raleigh Regional Office
File Copy
Central Files
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Filename 041647TenTen(Wake)EXP+origin
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Langston Commons Site
Project Mgr.: Withers & Ravenel
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Wake County, NC
Scale:
1" = 2,000'
05/04104 Apex Quadrangle
Dated 1993
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Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com