20081036 Ver 1_Buffer Determination_20080715

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John G. Thomas, PE
P. O. Box 1309
New Bern, NC 28563
Subject Property:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen 'r:. Su!'ir.s.
Division of Water Qua i,?,
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
July 15, 2008
DWQ Project # 2008-1036
Craven County
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7 2008
DENR - W TORMWATER BRANCH
WET?MDS AND S
Plantation Harbor, Phase Three
UT to Clubfoot Creek, Neuse River Basin (03-04-10, 27-123,
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233)
Dear Mr. Thomas:
On July 8, 2008, at your request I conducted an on-site determination to review features located
on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The
project is labeled as "2008-1036" on the attached map initialed by me on July 15, 2008.
The Division of Water Quality (DWQ) has determined that the portion of the surface water
that is circled, highlighted in blue, and labeled as "2008-1036" on the attached map is at
least intermittent and is Subject to the Neuse Buffer Rule. The portion of the surface water
that is highlighted in pink is Exempt from the Neuse Buffer Rule. These features and their
associated buffers should be identified on any future plans for this property. 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 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 41'1-crn
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 writter_
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper naturally
Applicant
Page 2 of 2
Date
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 Chris Pullinger at [phone].
Sincerely,

Chris Pullinger
Enclosures: copy of Cherry Point quadrangle, 1:24,000 scale USGS topographic map
copy of page 16, 1990 version of the Craven County Soil Survey
cc: DWQ 401 Oversight/Express Unit
CAMA, Morehead
CAMA, WaRO
DLR, WaRO
File Copy
Central Files
Filename: 2008-1036
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