20110064 Ver 1_Buffer Determination_20110121

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 21, 2011
DWQ Project#2011-0064
Wayne County
Carla Taylor
2455 NC 581 N
Pikeville,NC 27863
Subject Property: Taylor property -Nahunta,NC
UT to Nahunta Swamp,Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules(15A NCAC 2B.0233)
Dear Mrs. Taylor:
On January 3,2011, at your request I conducted 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"2011-0064"on the
attached map initialed by me on January 21, 2011. The project is located approximately
a quarter-mile south of the intersection of SR 1336 (Nahunta Road)and NC HWY 581,
near Nahunta,NC.
At your request, I conducted an on-site determination as stated above. During my review
I evaluated the stream using the DWQ Stream Classification Form. I evaluated the
stream reach on the west side of NC HWY 581 and calculated the score to be 12 points.
The form states that if the score is"greater than or equal to 19 points the stream is at least
intermittent".
The Division of Water Quality(DWQ) has determined that the surface water
highlighted in pink and labeled as 112011-0064" on the attached map is ephemeral
and is NOT SUBJECT to the Neuse Buffer Rule. This feature and any 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.
North Carolina Division of Water Quality Internet www.ncwaterqualityprg
943 Washington Square Mall Phone: [phone] �7One
Washington,NC 27889 FAX [phone] No hCarolina
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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 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 me at(252) 948-3920.
Sincerely,
t,k : Pam„
Chris Pullinger
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: copy of 1:24,000 scale USGS topographic map,NW Goldsboro quad
copy of map page 5, 1974 version of the Wayne Co. Soil Survey
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
USACE, Washington Field Office-Attn: William Wescott
DLR, WaRO
Filename: 2011-0064

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