20080484 Ver 1_Buffer Determination_20080814

F WATT
�Q qQ Michael F.Easley,Governor
William G.Ross Jr.,Secretary
r North Carolina Department of Environment and Natural Resources
Colleen Sullins,Director
Division of Water Quality
August 14, 2008
DWQ Project#20008-0484
Pitt County
McDavid and Associates, Inc
Mr. Charles A. Joyner, Jr., P.E.
109 E. Walnut Street
PO Box 1776
Goldsboro,NC 27533
Subject Property: 2009 Bee Branch
UT to Middle Swamp,Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
2B .0233)
Dear Mr. Joyners:
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 264 Alternate,
approximately 6000 LF. The feature is labeled as "2008-0484" on the attached map initialed by me on August
14 , 2008.
The Division of Water.Quality (DWQ) has determined that the portion of the feature that is highlighted
in pink on the attached map is Exemut 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: [phone] One
Washington,NC27889 FAX [phone] NorthCarolina
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Naturally

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,
Chris Pullinger/Environmental Specialist
DWQ/WaRO/Surface Water Protection Section
Wetlands/401 Unit
Enclosures: page 38, 1974 version of the Pitt County Soil Survey
cc: DWQ WaRO file
01 Central Office file
U. S. Army Corps of Engineers
Filename: 20080484
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