HomeMy WebLinkAbout20090236 Ver 1_Buffer Determination_20091111o?o? \,N a rF9QG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Colleen Sullins, Director
Division of Water Quality
November 11, 2009
DWQ Project # 2009-0236
Craven County
Theodore Garris
345 Butler Ford Rd.
PO Box 470
Vanceboro, NC 28586
Subject Property: Craven County Parcel # 1-053-008 - Garris Property
UT to Swift Creek, Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
2B .0233)
Dear Mr. Garris:
At your request 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 .0233). The property is located at 275 Butler Ford
Road, approximately 0.25 miles north of the intersection of Butler Ford Road (SR 1478) and NC HWY 118.
The feature is labeled as "2009-0236" on the attached map initialed by me on November 11, 2009
The Division of Water Quality (DWQ) has determined that the portion of the feature that is highlighted
in pink on the attached map is Exempt from the Neuse Buffer Rules. The portion of the feature that is
highlighted in blue and circled on the attached map is Subject to the Neuse Buffer Rules. This feature
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
determination pertains to the subject property only. 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
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.
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: 252-946-6481
Washington, NC 27889 FAX 252-946-9215
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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 me at (252) 948-3920.
Sincerely,
T
Chris Pullinger/Environmental Specialist
DWQ/WaRO/Surface Water Protection Section
Wetlands / 401 Unit
Enclosures: copy of 1:24,000 scale USGS topographic map, Vanceboro quadrangle
cc: DWQ WaRO file
;/4'01 Central Office file
U. S. Army Corps of Engineers
Filename: 2009-0236
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