20110041 Ver 1_Buffer Determination_20110210

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NCDETIR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Caleen H, Sullins Dee Freeman
Governor Director Secretary
February 10, 2011
City of Goldsboro
PO Drawer A
Goldsboro, NC 27533-9701
DWQ Project # 2011-0041
Wayne County
Subject Property: Phase XI Annexation Area - 18" Pipe Bursting/Replace Line
UT to Howell Branch, Neuse River Basin
Index# 27-62-1; Class C, NSW; Sub-basin 030405
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B .0233)
Dear Sirs:
On February 3, 201 1, at your request Iconducted an on-site determination to review a
drainage feature located on the subject property for applicability to the Neuse Buffer
Rules {15A NCAC 2B .0233). The project area is labeled as "2011-0041" on the
attached map initialed by me on February 10, 2011. The project is located on the east
side of NC HWY 117 (Williams St.), approximatly 0.6 miles south of the intersection of
NC HWY 117 and Belfast Road (SR 1313).
At your request, Iconducted an on-site determination as stated above. During my review
I evaluated the stream using the DWQ Stream Classification Form. I reviewed the stream
reach in question with your consultant, who calculated the score to be 33.5 points. The
form states that if the score is "greater than or equal to 19 points the stream is at least
intermittent". If the score is greater than or equal to 30 points the stream is perennial.
The Division of Water Quality (DWQ) has determined that the surface water
labeled as ~°2011-0041" on the attached map is perennial and is SUBJECT to the
Neuse Buffer Rule. This feature 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
North Carolina Division of Water Quality Internet: www.ncwaterqualitv.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
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Page 2 of 3
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 I31vd., 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 1 SOI3 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 ol~the State. If you have any additional questions or require
additional information please call me at [phone].
Sincerely,

Chris Pullingcr
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: 1:24,000 scale USGS topographic map,
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
USACE, Washington Field Office -Attn: William Wescott
WaRO DLR
Filename: 2011-0041

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