20070205 Ver 1_Buffer Determination_20070206

~ `O ~
~ r_
~ ~. . -I
~ ~
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 6, 2007
Mr. Chris Flowers
S&EC, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
Subject Property: Oak Grove Church Road
Rolesville, Wake County, NC
On-Site Neuse River Basin Buffer Determination
Dear Mr. Flowers:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 07-0205
Wake County
Page 1 of 2
On January 31, 2007, at the request, Ian McMillan of the DWQ conducted an on-site
determination to review a pond feature located on the subject property for applicability to the
Neuse River basin buffer rules. The pond feature is labeled by you as "C" on the attached map
initialed by Ian McMillan on January 31, 2007.
The Division of Water Quality (DWQ) has determined that the pond feature labeled as
"C", on the attached map are not subject to the Neuse River basin buffer rules. The
stream feature labeled as "D" is subject to the Neuse River basin buffer rules. 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" 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
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
N °e Carolina
turally
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://h2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmative Action Employer- 50% Recycledl10% Post Consumer Paper

S&EC, P.A.
Page 2 of 2
February 6, 2007
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 a itional information
please call Amy Chapman at [phone]. ~ ,//~

Cyndi Karoly,
401 Oversight/Express Review Permitting Unit
CBK/ijm
Enclosures: Wake County Soil Survey Map
cc: Mike Horan, DWQ Raleigh Regional Office
File Copy
Central Files
Filename: 0'702050akGroveChurchRoad(Wake)DET

-~.
~J
j,
~~~=.
~::4.

~;
'."__
~~~ . ,~
'~ t
r.~.:-
Project No. Flgure 2 - NRCS Soll
f 03 14.W I Survey Map
Project Mgr.: Oak Grove Church Road ~ Soil & Environmental Consultants, PA
CF
Ammons Devel opement 11010 Raven Ridge Rd.• Raleigh, NC 27614
[phone] • [phone]
Scale: Wake County, NC Web Page: www.SandEC.com
I" = I ,320'
05/26/06 'Wake County Soil Survey