20120144 Ver 1_Stream Call Letter_20120312

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Wildlands Engineering, Inc.
Attn: John Hutton
5605 Chapel Hill Road, Suite 122
Raleigh NC 27607
Charles Wakild
Director
March 12, 2012
Dee Freeman
Secretary
DWQ Project # 12 -0144
Wayne County
Subject Property: Buck Swamp Nutrient and Riparian Buffer Site
Buck Swamp [NEU06 27 -57- 20.7 -1; WS -IV, NSW]
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233)
Dear Mr. Hutton:
On February 23, 2012, at your request I conducted an on -site determination to review multiple
blue line and drainage features located on the subject property for applicability to the Neuse
River Buffer Rules (15A NCAC 2B .0233). The features are labeled as "12 -0144A through 12-
0144G" on the attached map initialed by me on March 10, 2012. The project is located at north
side of Pikeville- Princeton Rd 0.15 east of Old Kenly Rd. near the town of Princeton, NC.
During my review I evaluated the stream using the DWQ Stream Classification Form. I
evaluated the stream reach 12 -0144B and 12 -0144C calculated the score to between 21 and 23
points. The form states that if the score is "greater than or equal to 19 points the stream is at
least intermittent ". However, several features on the property did not rate at least intermittent or
were determined to be drainage ditches.
The Division of Water Quality (DWQ) has determined that the surface water labeled as
"12-0144B and 12-0144C" on the attached map are at least intermittent and are SUBJECT
to the Neuse Buffer Rule. The features labeled as "12- 0144A ", "12- 0144D, 12- 0144E5 12-
0144F, 12- 0144G" are NOT SUBJECT stream features. These subject streams and the
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
North Carolina Division of Water Quality Internet: www.ncwaterqLiali!y.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
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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, DWQ, Wetlands, Buffers, Stormwater, Compliance
and Permitting Unit (WBSCP) 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 Amy Adams at (252) 948 -3917.
Enclosures: Stream/Buffer Applicability Map
cc: DWQ Webscape Unit
WaRO File Copy
Katie Merritt, Nutrient Offset Coordinator
Sin erely,
Amy Adams /Env. Sr. Specialist
For Al Hodge /Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Filename: 12- 0144_BuckSwamp_BuffDet /aa

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