20080682 Ver 1_Buffer Determination_20110131

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
January 31, 2011
Town of Eureka
c/o Billy Martin
P. O. Box 3150
Eureka, NC 27830
Subject Property: Big Ditch cleanout
Watery Branch, Neuse River Basin
Dee Freeman
Secretary
DWQ Project # 2008-0682
Wayne County
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B .0233)
Dear Mr. Martin:
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 "2008-0682" on the attached map initialed by me.
The project is located on the southeast corner of SR 1058 (Faro Road), and NC HWY
222 East.
The Division of Water Quality (DWQ) has determined that the surface water
labeled as "2008-0682" on the attached map is SUBJECT to the Neuse Buffer Rule.
However, your request to remove accumulated sediment and debris from approximately
200 yards of the feature, provided that you do not dig below the natural bottom, and to
remove an existing field culvert, are activities that are EXEMPT from the rule, provided
that you minimize impacts to the riparian buffer, and follow best management practices
to protect water quality. 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 property. This on-site determination shall expire five (5) years from the date of this
letter.
North Carolina Division of Water Quality Internet wwrv.ns~aterqualitv.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Empbyer - 50% Recycled110% Post Consumer Paper
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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% Cyndi Kazoly, DWQ, 401
Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh, NC
27b04-2260. 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 b0 days of the date that you receive this letter. Applicants
aze 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,
Q ~.~
Chris Pullinger
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: 1:24,000 scale USGS topographic map, Stantonsburg quadrangle
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
Filename: 2008-0682

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