20110068 Ver 1_Buffer Determination_20110125

Beverly Eaves Perdue
Governor
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
January 25, 2011
Stocks Engineering
Mr. Kevin Varnell
1100 Eastern Avenue
Nashville, NC 27856
Subject Property:
Murphy Borrow Pitt, 829 Middle School Road (SR 1330)
Drainage to Panther Swamp Creek, Neuse River Basin
Dee Freeman
Secretary
DWQ EXP# 11-0068
Greene County
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
2B .0233)-EXPRESS REVIEW PROGRAM
Dear Mr. Varnell:
On January 24, 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 features are labeled as "11-0068
A through 11-0068 C" on the attached maps initialed by me on January 25, 2011.
The Division of Water Quality (DWQ) has determined that the feature labeled as "11-0068 A through 11-0068 C"
on the attached maps, and highlighted in red are not subject to the Neuse Buffer Rules. The drainage feature begins
at the northwest property line and is marked on the ground with yellow DWQ flagging. The drainage feature continues
1,250 linear feet south to a farm path crossing (Point 11-0068 B) and continues down gradient into the wood line 100 feet
and is marked on the ground with a yellow DWQ flagging as depicted on the enclosed maps. The total length of drainage
feature reviewed is 1,536 linear feet. 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 Director shall be referred to the Director in writing c/o John Dorney, 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
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: [phone] FAX: [phone]
Internet: www.ncwaterquality.orp
An Equal Opportunity 1 Affirmative Aclion Employer
NorthCarolina
~aturall~

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 Roberto Scheller in the Washington Regional Office at (252) 948-
3940.
Sinc ely,
For ~ ole . Sullies
Attachments: Greene County Soil Survey map
USGS Snow Hill Quad map
Goggle Earth map
cc: ~WQ 401/Wetland Express Unit
File Copy
Filename 11-0068

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Name: SNOW HILL Location: 035° 29' 16.82" N 077° 39' 44.96" W
Date: 1/25/2011 Caption: Murphy Borrow Pit off Middle School Road
Scale: 1 inch equals 1000 feet
Copyright (C) 1998,

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Management Commission
Division of Water Gluality
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