20081473 Ver 5_Complete File_20110719

LPIWA
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Paves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 19, 2011
MTJ, Inc.
C/O Tony Jones
314 Tadlock Road,
Mount Olive, NC 28365
DWQ Project#:11-0688
Wayne County
Subject Property: Smith Chapel Site
Thunder Swamp UNEU12 27-54-5-1; C, NSW]
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B.0233)
Dear Mr. Cousins:
On July 13, 201. 1, at your request DWQ staff conducted an on-site determination to review
features located on the subject property for applicability to the Neuse Buffer Rules (15A
NCAC 02B .0233). The features are labeled as Features "01, 02, 03, 04 and 05" on the
attached map initialed by me on July 19, 2011. The project is located off Old Smith
Chapel Road in Mt. Olive, North Carolina.
The Division of Water Quality (DWQ) has determined that the surface waters
labeled as "Feature 01 and Feature 03" in blue on the attached map are at least
intermittent streams and are subject to the Neuse River Riparian Buffer Rule (15A
NCAC 02B .0233). These streams and their associated buffers should be identified on
any future plans for this property. "Feature 02, Feature 04 and Feature 05" in red on
the attached map are not intermittent or perennial streams and are not subject to
the Neuse River Riparian 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
North Carolina Division of Water Quality Internet: www,ncwateroualiWorg
943 Washington Square Mall Phone. [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper Aaturally
Page 2 of 2
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 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 Adams at [phone].
Sincerely,
V/? Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Topo Map
cc: Katie Merritt/Bev Strickland - DWQ WBS - Compliance and Permitting Unit
WaRO File Copy
Tommy Cousins 909 Capability Dr. Suite 3100, Raleigh, NC 27606
Filename: 11-0688_SmithChapel _StreamDetfaa
NC®ENR
North Carolina Department of Environment and
Division of Water Quality

Natural Resources i- ? ? -.
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Stream OriginBuffer Applicability Determination
Applicant/Owner's Name (corporal
Applicant/Owner Address:
Applicant's phone number:
Applicant's emai'I address:
Consultant/Contact person Name (if applicable):
Consultant address (if applicable): qD 1.
Consultant's phone number:
Consultant's email address:
number:
Name of Project: Y\1??'? ?. t'vi_'i. County:
Nearest Named stream + River Basin (from USGS topographic map):

Please provide a brief description of this project ttach site plan if available):
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---- --------- - - - -------
Please attach a map of site location indicating project boundaries using USGS 1,24,000 topo map and NRCS county soil survey.
Location of project site lease include reference to the county, nearest named town and highway number:
Has any DWQ staff visited the site? t , if yes, please provide DWQ staff name,
visit:
and date of
This form may be submitted via email (am .adamspncdenr.gov), faxed (252946-9215), mailed or hand-delivered to:
943 Washington Square Mall, Washington, NC 27889. (Note: Submittals of the review packages on Friday after 12:00 pm will
be stamped as received on the next business day).
Please contact Amy Adams at 252-948-3917 if you have any questions regarding this form.
North Carolina Division of Water Quality Internet: www.ncwaterguality.orz
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
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who is legally responsible for the property and its compliance:
Fax number:
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