20070906 Ver 2_Buffer Determination_20110224

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 24, 2011
Dee Freeman
Secretary
DWQ EXP# 07-0906 Ver. 2
Wayne County
Mr. Steve Keen
412 N.C. Hwy. 581 South
Goldsboro, NC 27530
Subject Property: Property on South Side of Hwy. 70, West of Goldsboro
Drainage Feature is an Unnamed Tributary to the Little River, Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
2B.0233)-EXPRESS REVIEW PROGRAM
Dear Mr. Keen:
On February 22, 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 feature is labeled as "Point A to
Point B" on the attached maps and initialed by me on February 22, 2011.
The Division of Water Quality (DWQ) has determined that the feature labeled from "Point A to Point B" on the
attached maps, and highlighted in red is not subject to the Neuse Buffer Rules. The subject feature is marked on the
ground with yellow DWQ flagging and starts at Point A, next to Hwy 70, (N 35° 25.473' W 78° 03.582') and follows the
drainage feature up gradient to Point B (N 35° 25.030' W 781 03.671') marked on the ground with yellow DWQ flagging
as shown on the attached maps. The distance from Point A to Point B was measured at 2,771 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
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
North Carona Division of Water Qwlq
943 Washington Square Mal
Washing m. NC 27889
Phase: 252.94664811 FAX: [phone]
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Statutes to the Office of Administrative I learings, 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 buyer 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.
ASincerjly,j
L
For Coleen 11. Sts'
Attachments: Wayne County Soil Survey map
USGS Northwest Goldsboro Quad map
Goggle Earth map
cc: Jeffery Kornegay, B.R. Kornegay, Inc.
DWQ 401/Wetland Express Unit
File Copy
Filename 07-0906 Ver.2
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Name: NORTHWEST GOLDSBORO Location: 035° 25' 15.48" N 078° 03'39.75" W
Date: 2/23/2011 Caption: Adair Project Site West of Goldsboro off Hwy. 70
Scale: 1 inch equals 1000 feet
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