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Home My WebLink About20190568 Ver 1_Stream Appeal Letter_20190502ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality May 2, 2019 DWR No. 20190568 Wake County Lynn & Jan Van Dokkum Nancy and Darren Brewer 2500 Lewis Farm Rd. 2501 York Rd. Raleigh, NC 27608 Raleigh, NC 27608 Subject: On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules [15A NCAC 0213 .0233] Property at 2503 York Rd., PIN 0794981776, Raleigh, NC Dear Residents, On April 26, 2019, the Division of Water Resources (DWR) received a request from Lynn & Jan Van Dokkum and Nancy and Darren Brewer to appeal an on-site determination made by the Division of Water Resources in a letter dated March 18, 2014 (NBRRO # 14-087). Appeals of on- site determinations can be made per 15A NCAC 02B .0233(3)(a). On April 5, 2019, Shelton Sullivan and Niki Maher of DWR, conducted a site inspection in response to a complaint, and evaluated the feature labeled as Stream A on the subject property for applicability to the Neuse Riparian Area Protection Rules. During the site visit, Mr. Sullivan and Ms. Maher observed that "Stream A" was not present on the subject property, and therefore not subject to the Neuse Riparian Area Protection Rules. The stream labeled as "Stream B" along the southeastern property line, named the South East Prong Beaverdam Creek, is a perennial stream and is subject to the Neuse Riparian Area Protection Rules. On April 29, 2019, Karen Higgins and Shelton Sullivan of DWR conducted a follow-up site inspection in response to the appeal request. DWR observed multiple locations where groundwater was seeping out and flowing, and confirmed their findings from April 5, 2019, that Stream A is not present on the subject property. A DWR file review revealed that Stream Feature A was depicted on both the 1959 and 1995 recorded deed maps, with portions piped and other portions in a channel. All of these maps show Stream Feature A located on adjacent properties, but not on the subject property. The maps and pictures are attached to this letter Qe North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DWR No. 20190568 Buffer Appeal Page 2 of 7 This determination shall replace the determination originally performed by DWR as documented in the March 18, 2014 letter (NBRRO #I 14-087). This determination shall expire five years from the date of this letter. This determination can be contested as provided in General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via U.S. Posta! Service: !f sending via delivery service (UPS, FedEx, etc.) Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Depicted Depicted Feature ID Feature atu a E/I/P* Subject? Start@ Stop@ on Soil TypSurvey Uon SGS Topo Stream A Not N/A No N/A N/A ❑x ❑ Present Cream B -- South East Along Along Prong Stream Perennial Yes Property Property ® ❑x Beaverdam Boundary Boundary Creek This determination shall replace the determination originally performed by DWR as documented in the March 18, 2014 letter (NBRRO #I 14-087). This determination shall expire five years from the date of this letter. This determination can be contested as provided in General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via U.S. Posta! Service: !f sending via delivery service (UPS, FedEx, etc.) Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 DWR No. 20190568 Buffer Appeal Page 3 of 7 This letter only addresses the applicability to the buffer rules for the streams on the subject site and does not approve any activity within buffers or within waters of the state. If you have any additional questions or require additional information, please call Shelton Sullivan at (919) 707- 3636. Sincerely, Karen Higgins, Supervisor 401 & Buffer Permitting Branch KAH/sos Enclosures: site maps, pictures cc: Bryan J. Benton Family Trust, 2505 York Rd., Raleigh, NC 27608 Lauren Witherspoon, City of Raleigh via email Stephanie Goss, DWR Raleigh Regional Office, via email 401 & Buffer Permitting Branch files Filename: 20190568_2503YorkRd_Raleigh_Stream Appeal Letter.docx DWR No. 20190568 Buffer Appeal Page 4 of 7 Site Map 2503 York Road, Raleigh, NC (from WAPS) DWR No. 20190568 Buffer Appeal Page 5 of 7 Stream A: Not present at 2503 York Road (photos dated April 29, 2019) :.,• 1 DWR No. 20190568 Buffer Appeal Page 6 of 7 Wake County Soils Map Wake iMAPS— Existing Streams and Stormwater Features —feature depicted on Soil Survey above matches feature shown as both channel (blue) and pipe (red) below. 104 so 1 b rye 2 92 6678 VIRD" SW log -h Pb 1 1�A 4 Map Book 1959, page 129 8 `-...!•rya ,. __ �_ 5 Map Book 1995, page 934 4 DWR No. 20190568 Buffer Appeal Page 7 of 7 5xewQ�vi■•e. c� L E V I S r ARM s■w+. ea. I+.tl . eC 3xr•• f. 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