20060837 Ver 1_COMPLETE FILE_20060524

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Mr. Justus Ammons
140 Ammons Drive
Raleigh, NC 27615
Mlcnael P. Easley, ciovemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
June 19, 2006
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ EXP# 06-0837
Wake County
Subject Property: Ammons East Corp-Lots 12 and 1
Revision to On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules
(15A NCAC 2B.0233)-EXPRESS REVIEW PROGRAM
On May 30, 2006, at the request of Kevin Martin of S&EC, Inc., an on-site determination was conducted
to review stream features located on LOT 12 for applicability to the Neuse Buffer Rules (15A NCAC 2B
.0233). The features are labeled as "A, B, and C" on the attached maps, initialed by Cynthia Van Der
Wiele, Ph.D. on May 31, 2006 and on June 19, 2006.
The Division of Water Quality (DWQ) has determined that the following:
¦ Feature "A" is subject to the Neuse Buffer Rules at the S&EC start flag.
¦ Feature "B" is not subject to the Neuse Buffer Rules.
¦ Feature "C" was not examined during this time as it was previously determined to be
subject to the Neuse Buffer Rules.
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. Wake County GIS maps are not recognized by the Division of Water Quality for the purpose of
determining subjectivity to the Neuse Riparian Area Protection Rules, or for intermittent/perennial stream
determination purposes.
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: [phone] / FAX [phone] / Internet: http:Al12o.enr.state.ne.usfncivetlands
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Ammons East Lot 12 Stream Determination
Page 2 of 2
June 19, 2006
If you have any questions, please contact Cynthia Van Der Wiele at 919.715.3473 or Cyndi Karoly at
919-733-9721.
Sincerely, n
?p/L ,?CC ?J/1j .?V
an W. Klimek, P.E.
AWK/cbklcvdw
Attachments: NRCS Soil Survey Map
cc: Eric Kulz, DWQ Raleigh Regional Office
Kevin Martin, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614
File Copy
Central Files
JLN-2-2006 11:49 FROM:DWQ-WETLANDS 9197336893 TO:98469467 P:4/4
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JUN-2-2006 11:47 FROM:DWO-WETLANDS 9197336893
A I a& WAKE COUNTY,
TO:98469467 P:3/4
RE: DWQ EXP #06-0837, Ammons east park Lot 12
Subject: RE: DWQ EXP #06-0837, Ammons east park Lot 12
From: "Kevin Martin" <[e-mail]>
Date: Thu, 15 Jun 2006 22:26:41 -0400
To: "Cynthia F Van Der Wiele" <[e-mail]>
CC: "Cyndi Karoly" <[e-mail]>, <[e-mail]>
Cynthia with all due respect, you are setting a precedent by not using the larger scale more legible maps.
EVERY buffer letter I have ever gotten from DWQ utilized maps in addition to the USGS and Soil survey
for the simple reason that if you do not, the maps and letter you provide at the scale of USGS and Soils
survey are useless since they are not legible. Please revise your letter consistent with the way buffer
letters and maps have always been prepared. If necessary I can send you plenty of examples. I am very
disappointed that it has been 2 weeks for an express buffer call and I have yet to receive a letter that is
useable.
As far as the project name you are correct, you used the name from my initial request, but when I met
Perianne on site she informed me that you had decided that even though the areas in question were within
the same project (Ammons East park) since that were 2 lots that were not adjacent to each other there
would be 2 fees required not just the one I had paid on behalf of my client. At the meeting I advised her
that since the second lot was no rush, I would decline to do lot 1 under express and we only evaluated lot
12. Apparently that info did not make it to you. I do not necessarily agree with the decision made but it was
not worth further discussion at the time, however on reflection it seems a bit contradictory to consider the
project one project as far as permit applications go but separate as far as express review goes!
Please advise when I can receive the revised letter. Thanks Kevin
From: Cynthia F Van Der Wiele [mailto:[e-mail]]
Sent: Thu 6/15/2006 3:12 PM
To: Kevin Martin
Cc: Cyndi Karoly
Subject: Re: DWQ EXP #06-0837, Ammons east park Lot 12
Kevin,
I prepared the letter with the project name you provided.
The stream determinations require us to use the USGS and/or the County
Soil Survey Map. The Wake Co. GIS map may indicate the stream clearer
due to scale, however, we do not recognize this legally. We can prepare
another letter for your convenience indicating the stream on this map,
but we do not wish to set a precendent with regard to the use of other maps.
Kind regards,
Cynthia
Kevin Martin wrote:
> As soon as possible upon her return will you ask Cynthia to prepare a
> revised letter that states the evaluation is for lot 12 (not lot 1 and
> 12) also ask her to sign and attached the map perianne and I developed
> (copy attached) onsite since the map Cynthia attached to her letter
> was just the soil and usgs and one cannot tell what determinations
> were made onsite without the Wake county GIS map Perianne and I marked
1 of 2 6/19/2006 2:50 PM
RE: DWQ EXP #06-0837, Ammons east park Lot 12
> up. So far the city has not questioned what we sent but I expect they
> will. thanks, Kevin
2 of 2 6/19/2006 2:50 PM
O?OF W ATFgQG
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Mr. Justus Ammons
140 Ammons Drive
Raleigh, NC 27615
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural. Resources
May 31, 2006
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ EXP# 06-0837
Wake County
Subject Property: Ammons East Corp-Lots 12 and 1
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC
2B.0233)-EXPRESS REVIEW PROGRAM
On May 30, 2006, at the request of Kevin Martin of S&EC, Inc., an on-site determination was conducted
to review three stream features located on the subject property for applicability to the Neuse Buffer Rules
(15A NCAC 2B .0233). The features are labeled as "A, B, and C" on the attached map, initialed by
Cynthia Van Der Wiele, Ph.D. on May 31, 2006. The Division of Water Quality (DWQ) has
determined that the following:
¦ Feature "A" is subject to the Neuse Buffer Rules at the S&EC start flag.
¦ Feature "B" is not subject to the Neuse Buffer Rules.
¦ Feature "C" was not examined during this time as it was previously determined to be
subject to the Neuse Buffer Rules.
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 Cynthia Van Der Wiele at 919.715.3473.
S' rely,
Alan W. Klimek, P.E.
AWK/cbk/cvdw
Attachments: NRCS Soil Survey Map
cc: Eric Kulz, DWQ Raleigh Regional Office
Kevin Martin, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614
File Copy
Central Files
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: [phone] / FAX [phone] / Internet: hltwhl12o.cimstate.ne.us/ncwetlands
NOne Carolina
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MAY-23-2006 11:06 FROM:DWQ-WETLANDS 9197336893
TO:98469467 P:2/2
Michael P. rmley, Governor
William G. Ross Jr., Sncrctary
North Carol is Department of E-nrironment and Natural Resources
May 23, 2006
EXPRESS REVIEW ACCEPTANCE LETTER Dlo - D g 3
Mr. Justus Ammons
140 Ammons Drive
Raleigh, NC 27615
Subject Property: Ammons East Corp-Lots 12 and 1
Alan W. Klimek, P.E. tsirectnr
Division of Water Quality
Wake County
On May 23, 2006, the Wetlands/401 Unit of the Division of Water Quality received a FWemail request
from Kevin Martin of S&EC, Inc., regarding a stream origin call for a project known as "Ammons East
Corp Lot 12 and l " for acceptance into the Express Review. Program. This letter advises you that your
project will be accepted into the Express Review Program once the following, items are received:
1) The fee of 5200.00 made payable to the North Carolina Division of Water Quality (for two (2) stream
determinations);
2) Five (5) complete. and collated copies of the most recent versions of the MRCS Soil Survey map and
the 1:24,000 USGS Topographic map for the site, both with the property boundaries located; and
3) A vicinity map clearly marking the location of the site.
Pleasc note that web-based versions of the MRCS. Soil Survey Map are not acceptable as they do not
include the complete data layers. Thank you for your attention to this matter.
Please mote that the clock for this project will not start until receipt of the completed application package
and required fee are received. Please contact Amy Chapman at 919.715.6823 or Cynthia Van Der Wielc
at 919.715.3473 to arrange the site visit.
Sincerely,
1 "a).h
Cyndi B. Karoly, Manager
401 Oversite/ Express Review Program
CBK/cvdw
cc: File copy
Central Files
Kevin Martin, S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614
Qr???od??
MAY 2 4 2006
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
401401 OversoM I Express Review Pa TrMng Unk
1650 NIall Service Centor. Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Camlina 276114
Phone: [phone] FAX [phone] l Intnvt httn:;/h2o.enr,sptte oc.ushticwrtlards
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North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: Project: Latitude:
Evaluator: Site: Longitude:
Total Points: Other
Stream is at least intermittent County:
if z19 or perennial if 00 e.g. Quad Name:
A. Geomorphology (Subtotal = ) Absent Weak Moderate Strong
1a. Continuous bed and bank 0 1 2 3
2. Sinuosity 0 1 2 3
3. In-channel structure: riffle-pool sequence 0 1 2 3
4. Soil texture or stream substrate sorting 0 1 2 3
5. Active/relic floodplain 0 1 2 3
6. Depositional bars or benches 0 1 2 3
7. Braided channel 0 1 2 3
8. Recent alluvial deposits 0 1 2 3
9 a Natural levees 0 1 2 3
10. Headcuts 0 1 2 3
11. Grade controls 0 0.5 1 1.5
12. Natural valley or drainageway 0 0.5 1 1.5
13. Second or greater order channel on existing
USGS or NRCS map or other documented
evidence.
No = 0
Yes _ 3
a Man-made ditches are not rated; see discussions in manual
B. Hydrology (Subtotal =
14. Groundwater flow/discharge 0 1 2 3
15. Water in channel. and > 48 hrs since rain, or
Water in channel -- d or growing season 0 1 2 3
16. Leaflitter 1.5 1 0.5 0
17. Sediment on plants or debris 0 0.5 1 1.5
18. Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5
19. Hydric soils (redoximorphic features) present? No = 0 Yes = 1.5
C. Biology (Subtotal =
20 . Fibrous roots in channel 3 2 1 0
21 . Rooted plants in channel 3 2 1 0
22. Crayfish 0 0.5 1 1.5
23. Bivalves 0 1 2 3
24. Fish 0 0.5 1 1.5
25. Amphibians 0 0.5 1 1.5
26. Macrobenthos (note diversity and abundance) 0 0.5 1 1.5
27. Filamentous algae; periphyton 0 1 2 3
28. Iron oxidizing bacterla/fungus. 0 0.5 1 1.5
29 . Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2.0; Other = 0
Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetland plants.
Sketch:
Notes: (use back side of this form for additional notes.)
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
May 23, 2006
EXPRESS REVIEW ACCEPTANCE LETTER
Mr. Justus Ammons
140 Ammons Drive
Raleigh, NC 27615
Subject Property: Ammons East Corp-Lots 12 and 1
Wake County
On May 23, 2006, the Wetlands/401 Unit of the Division of Water Quality received a Fax/email request
from Kevin Martin of S&EC, Inc., regarding a stream origin call for a project known as "Ammons East
Corp Lot 12 and 1" for acceptance into the Express Review Program. This letter advises you that your
project will be accepted into the Express Review Program once the following items are received:
1) The fee of $200.00 made payable to the North Carolina Division of Water Quality (for two (2) stream
determinations);
2) Five (5) complete and collated copies of the most recent versions of the NRCS Soil Survey map and
the 1:24,000 USGS Topographic map for the site, both with the property boundaries located; and
3) A vicinity map clearly marking the location of the site.
Please note that web-based versions of the NRCS Soil Survey Map are not acceptable as they do not
include the complete data layers. Thank you for your attention to this matter.
Please note that the clock for this project will not start until receipt of the completed application package
and required fee are received. Please contact Amy Chapman at 919.715.6823 or Cynthia Van Der Wiele
at 919.715.3473 to arrange the site visit.
CBK/cvdw

Sincerely,
Cyndi B. Karoly, Manager
4010versite/ Express Review Program
cc: File copy
Central Files
Kevin Martin, S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614
401401 Oversight/ Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet http•h'h2o.eiir.state.nc.us/ncwetlands
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INITIAL INTEREST IN PARTICIPATION IN THE EXPRESS REVIEW PROGRAM
WITHIN THE 401 OVERSITE/EXPRESS PERMITTING UNIT
September 1, 2004
Version 3
Applicant Name: Mr. Justus Ammons
Applicant Address: 140 Ammons Drive
Raleigh, NC 27615
Applicant's phone number: 919-847-5460
Fax number: N/A
Applicant's email address: N/A
Consultant Name (if applicable):
S&EC, PA Attn: Kevin Martin
Consultant address (if applicable): 11010 Raven Ridge Road
Raleigh, NC 27614
Consultant's phone number: 919-846-5900
Fax number: 919-846-9467
Consultant's email address: kmartin(cDsandec.com
Type of action requested under the Express Review Program (check all that apply):
? 401 Water Quality Certification Stream Origin Determination
? Isolated Wetland Permit 2 # of Determinations Requested 2?0
? Riparian Buffer Approval ? Intermittent/Perennial Determination
? Stormwater Management Plan # of Determinations Requested
? Mitigation Plan
? Stream ? Wetland ? Buffers (check all appropriate)
Name of Project: Ammons East Corp Lot 12 and Lot 1 County: Wake
Total project acreage: Lot 1- 15 and Lot 12- 2 (acres) Total built out impervious area: unknown (acres)
Nearest named stream (from USGS topo map): Crabtree Creek
Please provide a brief description of this project (attach site plan if available):
Planning Stages
1

Please attach a map of site location using USGS 1:24,000 map and county soil survey.
Location of project site - please include reference to the county, nearest name town and highway number:
Lot 1-Southwest quadrant of New Hope Road and Hwy 64 bypass
Lot 12-Southwest quadrant of New Hope Road and South Rogers Lane
Proposed impacts:
Acres of 404 wetlands: N/A
Acres of isolated wetlands: N/A
Linear feet of streams: N/A
Linear feet of isolated streams: N/A
Square feet of protected stream buffers: N/A
Has consultant or applicant attended any DWQ-sponsored training sessions in the past two years? If so, please list
which ones. Yes-10/31/03 McKimmon Center
Has any DWQ staff visited the site? NO, if yes, please provide DWQ staff name,
date of visit:
and
Which other environmental permits from other agencies will be needed for this project? Please list the permits and
issuing agencies below:
Unknown
Does this project require approval under the State Environmental Policy Act or National Environmental Policy Act?
NO
Is this project an After-the-fact application or has this project received a previous Notice of Violation from DWQ?
NO
Does this project require approval of a Variance from the NC Environmental Management Commission? NO
Are you aware of any local controversy concerning this project? If so, please describe the controversy and any
measures that have been taken with respect to public involvement.
NO
This form must be submitted via email (c/o 401expressO-ncmail.net), faxed (919-733-6893) or hand-delivered to the Parkview Building, 2321
Crabtree Blvd., Raleigh, NC 27604. Applicants who are selected to participate in the Express Review Program will be notified via email or fax
within 2 days. Successful applicants will then be instructed regarding detailed procedures for full application (Please Note: Submittals of the review
packages on Friday after 12:00 pm will be stamped as received on the next business day).
Please contact Cynthia Van Der Wiele at 919-715-3473 if you have any questions regarding this form.
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SENDING CONFIRMATION
DATE : MAY-23-2006 TUE 11:06
NAME DWQ-WETLANDS
TEL [phone]

PHONE : [phone]
PAGES : 2/2
START TIME : MAY-23 11:06
ELAPSED TIME : 00' 21"
MODE : ECM
RESULTS : OK
FIRST PAGE OF RECENT DOCUMENT TRANSMITTED...
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EXPRESS PERMIT REVIEW PROGRAM
Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Review Permitting Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contactlafermetron: Phonek 919-733-0203
Fax #: [phone]
Fax To: Kcvin Martin, S&EC Fax #: [phone]
Subject: Ammons East Corp Lot 12 & 1 Date: May 23, 2006
Number of pages including cover sheet: 2
Notes or special instructions:
pn g QXjgjnAj U' a sent in the mail If you have oucstions please cortact Cynthia Ven Der Wiele at
912,715.3473 or Amv ChaQman at 919-733-9502.
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G Michael F. Easley, Governor
b pF W ATFRu),
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
?
i
Alan W. Klimek, P.E. Director
' Division of Water Quality
EXPRESS PERMIT REVIEW PROGRAM
Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Review Permitting Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: [phone]
Fax #: [phone]
Fax To: Kevin Martin, S&EC Fax #: [phone]
Subject: Ammons East Corp-Lots 12 & 1 Date: May 31, 2006
Number of pages including cover sheet: 2
Notes or special instructions:
The original will be sent in the mail. If you have questions, please contact Cynthia Van Der Wiele at
919-715-3473
N Carolina
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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 [phone] / Fax [phone]
Internet: http:rrh2o.enrstate.naus/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
O?O? W ATFRQG Michael F. Easley, Governor
William G. Ross Jr., Secretary
01 ice- North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
EXPRESS PERMIT REVIEW PROGRAM
Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Review Permitting- Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: [phone]
Fax #: [phone]
Fax To: Kevin Martin, S&EC Fax #: [phone]
Subject: Ammons East Corp Lot 12 & 1 Date: May 23,, 2-006 -
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Number of pages including cover sheet: q Jj
Notes or special instructions:
The original will be sent in the mail. If you have questions, please contact Cynthia Van Der Wiele at
919-715-3473 or Amy Chapman at 919-733-9502.
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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 [phone] / Fax [phone]
Internet: httn:,;'h2o.enrstate.nc.us,ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
SOIL & ENVIRONMENTAL CONSULTANTS, PA
NC Division of Water Quality
Tran 4 Invoice Type Date Reference
11447 05242006 Invoice 05/24/06 7896.W0 Stream Determination:
Date: 5/24/2006
Balance
$200.00
Check Number
Check Amt:
Discount
$0.00
001166
1166
$200.00
Pay Amount
$200.00
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