20110658 Ver 2_Buffer Determination_20120312

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild Dee Freeman
Governor Director Secretary
March 12, 2012
Carolina Helpers, LLC
Christopher Matteo
110 Lions Gate Drive
Cary NC 27518
DWQ Project # 1 1 -0658 V2
Pamlico County
Subject Property: Chadwick Creek Tract - Residential Homesite
Chadwick Creek [NEU] 3 27- 150 -29; SA, HQW, NSW]
On -Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B.0233)
Dear Mr. Matteo:
On February 15, 2012, at your request I conducted an on -site determination to
review a channelized feature located on the subject property for applicability to
the Neuse Buffer Rules (15A NCAC 2B .0233). The channelized feature is labeled
as "11- 0658" on the attached map initialed by me on March 9, 2012. The project
is located at Live Oak Drive near Hobucken, NC in Pamlico County
During my review I evaluated the stream using the DWQ Stream Classification
Form. I evaluated the stream reach 11 -0658A to 11 -0658B and calculated the
score to be 9 points. The form states that if the score is "greater than or equal to
19 points the stream is at least intermittent ".
The Division of Water Quality (DWQ) has determined that the surface water
labeled as "11- 0658" on the attached map is a man -made feature and is NOT
SUBJECT to the Neuse River Buffer Rule. This man -made drainage 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.
North Carolina Division of Water Quality Internet: www.ncwaterqualitv.ora
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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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 Determination Map
cc: DWQ Webscape Unit
WaRO File Copy
Kim Williams, Land Management Group
Filename: 11- 0658v2 _ChadwickCreek_BufferDet /aa

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