20120035 Ver 1_Buffer Determination_20120123

NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Governor Director
January 23, 2012
WLH Development, Inc.
Lynn A Evans, Registered Agent
237 Churchill Drive
Greenville, NC 27858
Subject Property: Patricia White Property
UT to Swift Creek, Neuse River Basin
Natural Resources
Dee f=reeman
Secretary
DWQ # 12 -0035
Pitt County
On -.Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B .0233)
Dear Ms. Evans:
On January 20, 2012, at your request I conducted an on -site determination to review unnamed
tributary (UT) to Swift Creek located on the subject property for applicability to the Neuse Buffer
Rules (15A NCAC 2B .0233). The feature.is labeled as "12 -0035" on the attached map initialed
by me on January 23, 2012. The project is located approximately 0.32 miles north - northeast of
the intersection of SR 1718 (Park Road) and SR 1714 (Church Street Extension) in Pitt County,
NC.
At your request, I conducted on -site determination as stated above. During my review, I
evaluated the stream using the DWQ Stream Classification Form. I evaluated the stream reach
12 -0035 at N 35.51240, W 77.40342 and found evidence that this is a man -made feature not
constructed for the purposes of nagivational access.
The Division of Water Quality (DWQ) has determined that the feature labeled as "12- 0035 -° on the
attached map, and highlighted in red are not subject to the Neuse Buffer Rules. The feature 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.
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
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: [phone] FAX: [phone]
Internet: www.ncwaterc[ual!ty.orq
An Equal OpporWnily 1 Affirmative Action Employer
NorthCarohna
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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 "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 Anthony Scarbraugh in the Washington Regional Office at (252) 948 -3924.
�incerely,
ti
For Cha e ak�lld, P. E.
Attachment: copy of page, 1974 version of Pitt County Soil Survey
cc: DWQ 401/Wetland Express Unit
File Copy
Richie Brown, Stroud Engineering, P.A.,
1076 Commerce Street, Greenville, NC 27858
Filename 12 -0035

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