20050930 Ver 1_Complete File_20050516

O?O? W AT FRIG
O 'C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
June 2, 2005
Edward DiDona
204 Arlington Ridge Road
Cary, NC 27513
Subject Property: Property at 204 Arlington Ridge Road
Cary, NC
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-0930
Wake County
,Page 1 of 2
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233)
Dear Mr. DiDona:
On June 1, 2005, at your request I conducted an on-site determination to review a channel and
pipe system located on the subject property for applicability to the Neuse Buffer Rules (15A
NCAC 2B .0233). The channel is labeled as "A" on the attached map initialed by me on June 2,
2005.
At your request, I conducted an on-site determination as stated above. During my review I
evaluated the stream using the DWQ Stream Classification Form. The Division of Water
Quality (DWQ) has determined that the surface water labeled as "A" on the attached map
on your property is caused by stormwater flow and is NOT subject to the Neuse Buffer
Rule. As we discussed, removal of the buried, plastic pipe is exempt from the Neuse River
buffer rules as would be replacing the pipe with an open channel or larger pipe. 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 John Dorney, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd.,
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 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
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/ Internet htto://h2o.enr.state.nc.us/ncwetiands
None pt?hCarolina
Naturallif
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Edward DiDona
Page 2 of 2
June 2, 2005
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 me at [phone].
Sincerely,
JRD/jrd
En ?YK
Wetlands / 40 Unit
Enclosures: map
cc: Eric Kulz, DWQ Raleigh Regional Office
File Copy
Central Files
Filename: 050930DiDona(Wake)Exempt stream
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Edward A. DiDona
204 Arlington Ridge Road
Cary, North Carolina 27513
?? O H: [phone] C: [phone]
[e-mail]
May 11, 2005
Mr. John Dorney
North Carolina. Division of Water Quality
Wetlands Unit
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
Dear Mr. Dorney,
212@120WHO
MAY ] 6 2005
112TU IDSti STWMATER 6W4CH
This is a follow-up to my wife's phone call regarding our proposed deck
construction on our property, address above.
Cary Town Hall advised us at the time of our Permit application that our
proposed deck infringes on the Riparian Buffer area of our property. Our deck'
construction can not be approved until the plan is reviewed and approved by
your department.
There is an additional question of stream determination which has also been an
issue for us as homeowners. The town says we have a stream existing in the
rear portion of our property, which we do not, and drainage has been a
significant problem since we acquired the property in November 2004. The
Town of Cary has been unable to assist us with this problem.
Enclosed please find a copy of our existing plot plan, as well as a copy of our plot
plan with the proposed deck expansion: I've also enclosed a map of our area to
facilitate your travel.
I look forward to hearing from your office. Any assistance you can give us with
regard to how to proceed with our deck and address our backyard's rainwater
drainage would be greatly appreciated.
Sincerely yours,
Edward A. DiDona
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