20091189 Ver 1_Buffer Determination_20110714

RMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 14, 2011
Mr. Jason Payne
11010 Raven Ridge Road
Raleigh, NC 27614
Subject Property: Olive Branch Blvd. Site off SR 1939
Unnamed Tributary to Contentnea Creek, Neuse River Basin
DWQ # 09-1189
Pitt County
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B.0233)
Dear Mr. Payne:
On July 13, 2011, as a follow-up to a previous stream determination, I conducted an on-site review for confirmation and
documentation of the previous call for applicability to the Neuse Buffer Rules (15A NCAC 213 .0233). The feature is
labeled as "09-1189" on the attached maps and initialed by me on July 13, 2011 and serves as a written record for your
files.
The Division of Water Quality (DWQ) has determined that the feature labeled as 1109-1189" on the attached maps,
and highlighted in red is not subject to the Neuse Buffer Rules. The subject stream determination starts at the junction
of SR 1102 and SR 1939 and continues upstream to an area within the woods where the stream channel stops.
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
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.
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: [phone] \ FAX: [phone]
Internet: www rimaterquality.orq
An Equal Opportunity \ Affirmative Action Employer
NorthCarolina
Naturally
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.
cL.U -Fo C le s
Attachments: Pitt County Soil Survey map
USGS Ayden Quad map
cc: DWQ 401/Wetland Express Unit
File Copy
Filename 09-1189
North C-Toiina
Management Commission
Division of Water Quality
For J VCS Basin Differ
Reviewed
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