20110026 Ver 1_Buffer Determination_20110526

Al
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 26, 2011
DWQ Project# 11-0026
Pitt County
Steven N Spruill
2747 East Tenth Street
Greenville NC 27858
Subject Property: Averette Farm/Town of Ayden Parcel No. 04587
UT to Swift Creek [
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B .0233)
Dear Mr. Spruill:
On February 23, 2011, at your request I conducted an on-site determination to review a
drainage feature showing as a blue line stream which is located on the subject property
for applicability to the Neuse Buffer Rules(15A NCAC 2B .0233). The segment
evaluated for applicability to the buffer rules is labeled as"11-0026A to 11-0026B"on
the attached map initialed by me on 3/26/2011.
During my review I evaluated the stream using the DWQ Stream Classification Form. I
evaluated the stream reach 11-0026A to 11-0026B and calculated the score to be 26
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 "11-0026A to 11-0026B" on the attached map is at least intermittent and
is SUBJECT to the Neuse Buffer Rule. This stream 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 intemet www.newatergualily_om
943 Washington Square Mall Phone: [phone] �iOne
Washington,NC 27889 FAX [phone] No hCarolina
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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/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(252)948-3917.
Sincerely,
lam"
-Kjad"4a�
Amy Adams
Environmental Senior Specialist
Surface Water Protection Section
Division of Water Quality
Washington Regional Office
Enclosures: Subjectivity Map
cc: DWQ 401 Oversight/Express Unit
Ernest and Robin Averette,et al 740 Cheek Farm Road Winterville NC 28590
File Copy
Filename: 11-0026_tow nofayden_streamdet/se

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