20110321 Ver 1_Buffer Determination_20110411

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
Jones Consulting Engineers, PA
Mr. Bryan K. Jones
2815 North William Street, Suite E
Goldsboro, NC 27530
DWQ EXP# 11-0321
Wayne County
Subject Property: East Lake Subdivision Located at Corner of Dollard Town Rd. & St. Johns Church Rd.
Drainage Feature to 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. Jones:
On April 7, 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 "11-0321 A to 11-
0321 B" on the attached maps and initialed by me on April 11, 2011.
The Division of Water Quality (DWQ) has determined that the feature labeled as "11-0321 A to 11-0321 B" on the
attached maps, and highlighted in red is not subject to the Neuse Buffer Rules. The feature is marked on the ground
with yellow DWQ flagging and starts at site 11-0321 A (N 35° 17.265' W 77° 52. 672') at the inlet of a culvert that passes
under St. Johns Church Road and follows the drainage feature up gradient to the second point site 11-0321 B (N 35°
17.422' W 77° 52.600') above pond overflow outlet and is marked on the ground with yellow DWQ flagging. 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 Domey, 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 Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: [phone] \ FAX: [phone]
Internet: www rimaterqualib.orq
An Equal Opportunity \ Affirmative Action Employer
April 11, 2011
NorthCarolina
Naturally
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.
Sincerely,
For Cole
Attachments: Wayne County Soil Survey map
USGS Quad map
Goggle Earth map
cc: ? DWQ 401/Wetland Express Unit
File Copy
Filename 11-0321
• (.loins sheet 32) 565 000 FEET
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For,
Location: 035° 17'23.26" N 077° 52'36.87" W
S4/_ 11( 011 Caption: East Lake Subdivision
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