125 Michael Lee Lane

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 30, 2009
Larry Daragjati
322 Arlene Street
Staten Island, NY 10314
BASIN:
Neuse River Buffer Determination
(15A NCAC 2B .0233)
Tar-Pamlico Buffer Determination X
(15A NCAC 2B .0259)
Project Name: 125 Michael Lee Lane
Location/Directions: located south of Leggett Road
Subject Stream: UT to Tar River
TPBRR0#09-106
Edgecombe County
Date of Determination: 7/22/09
Feature(s) Not Subject Start @
j Stop@ Soil Survey USGS

A Sub
ect
X To o
X

B
X X
C X X
D X X
E X X
F X X
G X X
H X X
I
X Throughout X
X
ro e
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Edgecombe County,
North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is
checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are
checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream.
There may be other streams located on your property that do not show up on the maps referenced above but, still
may be considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water
Quality.
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone]
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
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During the site inspection you inquired about crossing the stream/buffer (Feature I) to access your property on the
opposite side of the stream. Lauren Witherspoon indicated that the if the crossing impacted equal to or less than
25 LF of stream channel perpendicularly then it would be considered Exempt from the buffer rules and does not
require DWQ notification.
DWQ also observed that heavy equipment was used in Zone 1 of the riparian buffer to create a drainage towards
the stream. This constitutes a violation of the Tar-Pamlico River Riparian Buffer Rules. You said that you would
backfill and stabilize this area to its original grade within the week. Lauren Witherspoon agreed that if this work
was performed within the week then no further action would be taken concerning this matter.
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
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 ad judicatory 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.
The owner/future owners should notify the Division of Water Quality (including any other Local, State,
and Federal Agencies) of this decision concerning any future correspondences regarding the subject
property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any
inquiries should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US
Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441.
rRespectfully, yY ,
Lauren C. Witherspoon
Environmental Senior Specialist
CC: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
RRO/SWP File Copy
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