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Home My WebLink About20060369 Ver 1_COMPLETE FILE_20060308- , o?0F W ATF9QG r 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 March 9, 2006 DWQ EXP Project # 2006-0369 Wake County Page 1 of 2 Kimley-Horn and Associates, Inc Attn: Mr. Chris Bostic PO Box 33068 Raleigh, NC 27636-3068 Subject Property: Parcel at Glenwood Ave & Hilburn Raleigh, NC On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B.0233) Dear Mr. Bostic: On March 8, 2006, at your request Amy Chapman conducted an on-site determination to review a stream feature located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The stream feature is labeled as "A" on the attached map initialed by Amy Chapman on March 9, 2006. The Division of Water Quality (DWQ) has determined that the stream feature labeled as "A" on the attached map. is not subject to the Neuse Buffer Rule. 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 Cyndi Karoly, DWQ, 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, 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 (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,- Carolina lVatura!!y 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer - 500/6 Recycled/l0% Post Consumer Paper Kimley-Hom Page 2 of 2 March 9, 2A 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. 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 Amy Chapman at (919) 733-9502. Sincerely, Cyndi Karoly, 401 Oversight/Express Review Permitting Unit CBK/asc Enclosures: site map- cc: Eric Kulz, DWQ Raleigh Regional Office File Copy Central Files Filename: 060369GIenwood&HilburnParcel(Wake) DET None Carolina Naturally 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer - 50% Recycled/100% Post Consumer Paper 'd SGNUl13M-OMO :3WUN ( T) 9 W 0 s 2689€€Z6T6:-131 22.80 3ni 9002-Z-am Vx !. Z 'd SGNU-113M-0MG :3WUN 26892216%:-131 Z£ :80 3nl 900Z-L-duw .r' Kimley-Hom C 'm - and Associates, Inc. Fax Transmittal P.O. Box 33068 Raleigh, North Carolina 27636-3068 To.. m4 6h4.r,ma Firm/Location: n r, 0 D From: l? r1 J S L?DiT Original coming by mail? Yes ? No TEL 919 677 2000 n FAX 919 678 4176 60 3 6 9 Fax No.: 3,3 -6g7 Job No.: 012 Y'7 100 3 Job Name: C01 064W df' a lt-?LGda El bt 'lJ,/k,/, ,U'r. If you have any problems, please call 919-677-2000 and ask for: Total number of pages, including cover shoot: ^ Comments: j This facsimile is intended for the addressee named herein and may contain information that is confidential. If you are not the intended mciplent or the employee or agent responsible for delivery to the addressee, y vu are hereby notified that any review, dissemination, disclosure, or copying of this communication is strlctly prohibited, If you have received this facsimile in error. please immediatelynotify us by telephone, and return the original facsimile to us at the address above via the U.S. Postal Service. Thank you. COC/T00'd 9CZL# M'dOH-.CSINDI 9LTt8L96T6 9T:60 900Z.L0-dV1I 2689222-6TG:-131 T2:80 3f11 9002-L-auw %j 0 0 6 0 3 6 g E00/300'd SEZL# NUGH-,C3'114Ix 9LT68L96T6 LT:60 900Z,LO"UVTTA.