HomeMy WebLinkAbout20061667 Ver 1_COMPLETE FILE_20060116O?O? W AT ?RQG
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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
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
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Applicant's phone number: .
Fax number: CI V-91 - S S3 - S ? o¢
Applicant's email address: _
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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
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7L/7 e C4 1 /
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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).
Please contact Cynthia Van Der Wiele at 919-715-3473 if you have any questions regarding this form.
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