20090994 Ver 1_Buffer Determination_20100112 (2)

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 12, 2010
DWQ Project # 2009-0994 v
Wayne County
Progress Energy Carolinas, Inc.
Attn: Richard C. Yates
410 S. Wilmington St. - PEB8
Raleigh, NC 27601
Subject Property: Wayne County Combined Cycle Site
UT to Neuse River, Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B .0259)
Dear Mr. Yates:
On September 29, 2009, I conducted an on-site determination to review drainage features
located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC
2B .0259). The project area is labeled as "2009-0994" on the attached map initialed by
me on January 12, 2010. The project is located at the end of Black Jack Church Road
(SR 1223), southwest of Goldsboro, NC.
The Division of Water Quality (DWQ) has determined that the portions of the
surface water that are circled, highlighted in blue, and labeled as "2009-0994" on
the attached map are Subject to the Neuse Buffer Rule. The portions of the feature
that are highlighted in pink on the attached map are NOT SUBJECT to 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
North Carolina Division of Water Quality Internet: www.ncwaterquality ora
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
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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 Chris Pullinger at [phone].
Sincerely,
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: 1:24,000 scale USGS topographic map, Southwest Goldsboro quadrangle
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
Environmental Services, Inc.; Attn: Robert Turnbull; 524 S. New Hope Road; Raleigh, NC 27610
Filename: 2009-0994
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