20110447 Ver 1_Buffer Determination_20110615

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
June 15, 2011
Ms. Cathy Ann Lancaster
6171 Wayne Memorial Drive
Pikeville, NC 27863
DWQ# 11-0447
Wayne County
Subject Property: Stream Determination at 6171 Wayne Memorial Drive (SRI 556)
Drainage Feature to Beaver Dam Creek, Neuse River Basin
Dee Freeman
Secretary
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
213 .0233)
Dear Ms. Lancaster:
On June 14, 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 "11-0447" on the
attached maps and initialed by me on June 14, 2011.
The Division of Water Quality (DWQ) has determined that the feature labeled as "11-0447" on the attached maps,
and highlighted in red is not subject to the Neuse Buffer Rules. The drainage feature starts at a culvert crossing under
Wayne Memorial Drive and continues down gradient along the wood line to the point where the drainage feature
discharges into Beaver Dam Creek. This feature is shown on the attached maps and highlighted in red. Please note that
although the subject feature is not considered a stream and riparian buffers are not applicable this feature may be
considered to be wetlands. It is therefore recommended that Mr. William Wescott of the US Army Corp of Engineers be
contacted at 910-251-4629 before any excavation of the subject feature begins. 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
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: [phone] FAX: [phone]
Internet: www.ncwaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
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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 Roberto Scheller in the Washington Regional Office at (252) 948-
3940.
Sincerely,
am? Q
For Coleen H. Sullins
Attachments: Wayne County Soil Survey map
USGS Jason Quad map
Goggle Earth map
cc: ?DWQ 401/Wetland Express Unit
File Copy
Filename 11-0447

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Date: 6/15/2011 Caption: Lancaster Property
SCeW? 6171 Wayne Memorial Dr. Pikeville, NC
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