20081549 Ver 1_Buffer Determination_20091029

A LVNCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 29, 2009
Mr. Tim Baumgartner
EEP Full Delivery Section
1652 Mail Service Center
Raleigh, NC 27604
Subject Property: Casey Dairy
DWQ # 08-1549v2
Wayne County
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Baumgartner:
On October 27, 2009, at your request, Lia Myott Gilleski conducted an on-site determination to review
nine stream features located on the subject property for applicability to the Neuse Buffer Rules (15A
NCAC 2B .0233). The features are labeled as "A" through "I" on the attached maps initialed by Lia M.
Gilleski on October 29, 2009. The Division of Water Quality (DWQ) has determined that the following:
• Feature "A" is subject to the Neuse Buffer Rule since it is a perennial stream (Walnut Creek)
• Feature "B" is not subject to the Neuse Buffer Rule since it is an ephemeral stream/wetland area.
• Feature "C" is not subject to the Neuse Buffer Rule since it is not located on either the USGS
topographic map or the Wayne County soil survey map; however, it is an intermittent stream at
the point labeled "C 1" on the attached soil map.
• Feature "D" is not subject to the Neuse Buffer Rule since it is a man-made ditch.
• Feature "E" is subject to the Neuse Buffer Rule in the project area. It is an intermittent stream at
the point labeled "E1" on the attached soil map.
• Feature "F" is subject to the Neuse Buffer Rule in the project area. The pond and the stream are
both subject.
• Feature "G" is subject to the Neuse Buffer Rule in the project area. It is an intermittent stream at
the point labeled "GI" on the attached soil map.
• Feature "H" is subject to the Neuse Buffer Rule since it is a perennial stream.
• Feature "P" is subject to the Neuse Buffer Rule in the project area. It is an intermittent stream at
the point labeled "I1" on the attached soil map.
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 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., Raleigh, NC 27604-2260. 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.
This determination is final and binding unless you ask for a hearing within 60 days.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
No thCarolina
?atura!!t?
An Equal Opportunity 1 Affirmative Action Employer
Casey Dairy
Page 2 of 2
October 29, 2009
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 questions, please contact Lia Myott Gilleski at 919.733.9502.
CHS/cbk/lmg
Attachments: Wayne County Soil Survey Map
USGS Topographic Map
Si ely, ,
C leen H. Sullins
cc: Chris Pullinger, DWQ Washington Regional Office
File Copy
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