20080733 Ver 1_Buffer Determination_20090105

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 5, 2009
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
DWQ Project # 2008-0733
Wayne County
Lynwood D. Williford, Jr.
511 Braswell Road
Goldsboro, NC 27530
Subject Property: Williford Homesite/Pond Enlargement; Hookerton, NC
UT to Contentnea Creek, Neuse River Basin (03-04-07; 27-86-(7); C; Sw, NSW;)
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233)
Dear Mr. Williford:
On July 23, 2008, at your request I conducted an on-site determination to review 2 features
located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B
.0233). The features are labeled as "2008-0733" on the attached map initialed by me on January
5, 2009. The property is located on the south side of Braswell Road (SR 1239 ), approximately
1.0 miles west of NC HWY 581 South, near the community of Rosewood, NC.
The Division of Water Quality (DWQ) has determined that the portions of the surface
waters highlighted in pink and labeled as "2008-0733" on the attached map are ephemeral
and are EXEMPT from the Neuse Buffer Rule. These features and its 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 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
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50%a Recycled/10% Post Consumer Paper t
Page 2 of 2
Date
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
Environmental Specialist
NCDWQ-Washington Regional Office
Enclosures: copy of 1:24,000 scale USGS topographic map, Northwest Goldsboro quadrangle
copy of pages 13/18, 1974 version of the Wayne County Soil Survey
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
Filename: 2008-0733
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