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HomeMy WebLinkAbout20061667 Ver 1_COMPLETE FILE_20060116O?O? W AT ?RQG ? r _71 o ? 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 October 24, 2006 Mr. Alsey Gilbert 112 North Church Street Clayton, NC 27520 Subject Property: Northfort Section 2 Johnston County DWQ EXP Project # 2006-1667 Johnston County Page 1 of 2 On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B.0233) Dear Mr. Gilbert: On April 2, 2006 at your request Amy Chapman and Nikki Thomson of the Division of Water Quality (DWQ) 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). You were advised at that time to submit a check to DWQ before an Express Review determination letter could be sent to your attention. The Division of Water Quality received your payment for the Express Review stream determination on October 24, 2006. The stream feature that was reviewed on April 2, 2006 is labeled as "A" on the attached maps initialed by Amy Chapman on October 24, 2006. The Division of Water Quality (DWQ) has determined that the stream feature labeled as "A" on the attached maps is 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 o-, Carol ma ,Xahtrally 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 OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper Alsey Gilbert Page 2 of 2 October 24, 2006. A 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 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) 733-1786. Si ely, I Cyndi Karoly, 401 Oversight/Express Review Permitting Unit CBKlasc Enclosures: USGS Map Soil Survey Map cc: Mike Horan, DWQ Raleigh Regional Office File Copy Central Files Filename: 061667No rth fortsection2(Joh ns to n)EXP+DET N"oy?`l, Caroliraa ,Xalurally 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% Recycledl10% Post Consumer Paper .o q rn <J FUOUAY SPRINGS (VIA U.S. 401) 78 Ml. ° ?) p i%. CLAYTON S ML f f -Wal 00 a ' t I ii I} e \ 1\ C/ ? - ? ,. III .?.li.. \?\J?Oa • / / _ _. ?_ _ ? I n ? ' I 1 1 \ ('III o /I ? \ ? I ........... ffliq U e \. T E> I 1' ti , c Nod 08 y Bb VrA VrA GeB Nuli Nqq uc8 rc ers Lodge Tr VrA Nk8 N c 'a VrA FaB lyo Mel /,', PaE Wo8 •(.e8 GeB Applicant's phone number: . Fax number: CI V-91 - S S3 - S ? o¢ Applicant's email address: _ P ? 9- ?? ? ? ? ? x-(-1.1, ?, \C • Consultant Name (if applicable): Consultant address (if applicable): Cp@rmwr? P onsultant's phone number: Fax number: OCT 2 3 2006 Consultant's email address: DENR - WATER QUALITY WETLANDS AND STORMWATER BRANCH Type of action requested under the Express Review Program (check all that apply): 401 Water Quality Certification Stream Origin Determination Isolated Wetland Permit Riparian Buffer Approval Stormwater Management Plan Mitigation Plan Stream Wetland I # of Determinations Requested Intermittent/Perennial Determination # of Determinations Requested Buffers (check all appropriate) Name of Project: t`GO(-,(a ,"-J Se- _,- Z County: dah?S``+^ Total project acreage: (acres) Total built out impervious area: V. Z`7 (acres) Nearest named stream (from USGS topo map): ?' J o -e- tc- Please provide a brief description of this project (attach site plan if available): t 0.S- Se4Ion C? CftS,+tr-,5 !5 f-0 ?-FD Cass'-63 evef ,eiee-Je4l l O -Ac- enGloSC? (4 5AoLls L-Aere- P, e bb, t-1 ,? . 7Th,s j 's -A-e 7L/7 e C4 1 / ?v y Linear feet of isolated streams: O Square feet of protected stream buffers: v Has consultant or applicant attended any DWQ-sponsored training sessions in the past two years? If so, please list which ones. As Has any DWQ staff visited the site? CS , if yes, please provide DWQ staff name, _ and date of visit: m ji?> i` . Z 20()(,-0 Which other environmental permits from other agencies will be needed for this project? Please list the permits and issuing agencies below: l _ G?2oSt-0n Does this project require approval under the State Environmental Policy Act or National Environmental Policy Act? Is this project an After-the-fact application or has this project received a previous Notice of Violation from DW l O Does this project require approval of a Variance from the NC Environmental Management Commission? _ 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. /4O This form must be submitted via email (Go 401 express ncmaif.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). 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