20070271 Ver 1_Buffer Determination_20070221

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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
February 21, 2007
DWQ EXP# 07-0271
Wake County
Mr. Malay Jindal
11401 Pacesferry Drive
Raleigh, NC 27614
Subject Property
Litchford Road Site
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233)-EXPRESS REVIEW PROGRAM
On February 20, 2007, at your request, an on-site determination was conducted to review one water feature
located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is
labeled as "A" on the attached map, initialed by Lia Myott on February 21, 2007. The Division of Water Quality
(DWQ) has determined that the following:
• Feature "A" is not subject to the Neuse Buffer Rule. It has been determined that this pond is man-made
and has no hydrological connection to jurisdictional waterbodies. This pond was the only water feature on
the subject property and thus a 401 General Certification will not be needed to develop this site.
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 OversightBxpress 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 of the stream features listed above and does not
approve any activity within the buffers or address features that were not observed during the site visit. 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 Lia Myott at [phone].
Since ly,
,._
,~
,~ Alan W. Klimek, P.E.
AWK/cbk/lem
Attachments: NRCS Soil Survey Map, USGS Topo Quad Map
cc: File Copy
Central Files
401 Oversight /Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Cazolina 27699-1650
2321 Crabtree Boulevazd, Suite 250, Raleigh, North Cazolina 27604
Phone: [phone] /FAX [phone] / Internet: http://h2o.enr state nc us/ncwetlands
NonehCarolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper

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1968 Soil Survey Map
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