20110066 Ver 1_Buffer Determination_20110228

FWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
February 28, 2011
James Dees
210 Mickelson Dr.
New Bern NC 28560
Subject Property:
DWQ Project # 11-0066
Craven County
Willow Run Subdivision, Phase III
Mitchell Creek (NEU10 27-123-4; SA, HQW, NSW)
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 213.0233)
Dear Mr. Dees:
On February 24, 2011, at your request I conducted an on-site determination to review
Mitchell Branch located on the subject property for applicability to the Neuse Buffer
Rules (15A NCAC 2B.0233). The stream feature is labeled as "11-0066" on the
attached map initialed by me on February 28, 2011. The project is located at the western
side of the intersection of Highway 101 (Temple Point Rd) and Pine Cliff Rd.
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 adjacent to the area designated as Phase III and calculated the score to be
39.5 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
labeled as "11-006" and circled and highlighted in blue on the attached map is
perennial and is subject to the Neuse Buffer Rule. In addition, this feature has been
classified as SA; HQW, NSW waters by the EMC. This perennial stream 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 www.ncwaterquaJity ore
943 Washington Square Mall Phone: [phone] teU
Washin
gton, NC 27889 FAX [phone] Carolina
An Equal opportunity/Affirmative Action Employer - 50% Recycled/10°/6 Post Consumer Paper ra1;
Page 2 of 2
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 Amy Adams at [phone].
Si erely,
Al Hodge/Supervisor
IV" Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Subjectivity Map
Stream Rating Form
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
Filename: 11-0066_W iJ1owRun_NSubjcct/aa
?? ? ? ti .fib ? • >. ??
wJ-
L
49 . .41 - g
A
s
- • ? i ? Aft. djo- 1. ? f L4
It
Ado Lip
+
ICY S11
° NN-
31L
41
1A
?CO
46 i
ir.
s
t? Y
_Ar
01
?.,,, ? ? is ? -,. y ,.. ar• . t•_ '? ?,?.,.:'?..
_ t
•1