20110738 Ver 1_Buffer Determination_20111228

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Baldwin Design Consultants, PA
Mr. Matthew Williams, PE
708 -D Cromwell Drive
Greenville, NC 27858
Division of Water Quality
Coleen H. Sullins
Director
December 28, 2011
Dee Freeman
Secretary
DWQ EXP# 11 -0738 Ver.2
Pitt County
Subject Property: Wilco Hess #337, Farmville
Drainage to Jacobs Branch, Neuse River Basin (NEU 07, 27- 86- 26 -2 -2; NSW, C, Sw)
On -Site Re- Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B.0233)-EXPRESS REVIEW PROGRAM
Dear Mr. Williams:
On August 16, 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). On December 7, 2011 this Office
received your request to extend the subject stream determination further downstream. The feature is labeled as 'I I -
073 8V2A to 11 -o73 8V2B" on the attached maps initialed by me on December 26, 2011.
The Division of Water Quality (DWQ) has determined that the feature labeled as "11- 0738V2A to 11- 0738V2B" on
the attached maps, and highlighted in red is not subject to the Neuse Buffer Rules. The feature is located at the
intersection of Hwy. 264 and Hwy. 258 and passes under Hwy. 258 by reinforced concrete pipe where the stream
determination begins (N 35° 37.079' W77° 36.279'). The stream determined extends downstream to a second point
marked on the ground with yellow DWQ flagging (N3 7° 3 7.090' W77° 3 6.152') and is depicted on the enclosed maps.
Please note that the subject feature was rated 18 points at downstream end of the stream determination. Intermittent
streams are rated 19 to 29 points and perennial streams are rated 30 points and greater. This feature is illustrated as a first
order stream on the attached soils map and may change in nature further down stream. 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 Karen Higgins, 1650 Mail Service Center
Raleigh, NC 27699 -1650. Individuals that dispute a determination by the DWQ or Delegated Local Authority that
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: [phone] l FAX: [phone]
Internet www.ncwaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
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Aahaully

"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 Roberto Scheller in the Washington Regional Office at (252) 948-
3940.
mcerely,
For Cole u i
Attachments: Pitt County Soil Survey map
USGS Farmville Quad map
Plan Drawings
Goggle Earth map
cc: DWQ 401/Wetland Express Unit
DLM- WaRO
File Copy
Filename 11- 0738V2

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Location: 035° 37' 10.57" N 077° 36' 17.69" W I
Caption: Stream Determination for Wilco Hess #337 Project, Farmville,
Pitt Co.
1998, Maptech, Inc.

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