20120392 Ver 1_Buffer Determination_20120430

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
JKF Architecture, PC
Mr. John Farkas
Post Office Box 20662
Greenville, NC 27858
Division of Water Quality
Charles Wakild, P.E.
Director
April 30, 2012
Dee Freeman
Secretary
DWQ EXP# 12 -0392
Pitt County
Subject Property: The Anointed Ones Ministries International, Inc., North Edge Road, Ayden, NC
Drainage to Swift Creek, Neuse River Basin (NEU 09, 27- 97- (0.5); NSW, C, Sw)
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
2B.0233)-EXPRESS REVIEW PROGRAM
Dear Mr. Farkas:
On April 23, 2012 at your request, I conducted an on -site determination to review a drainage feature located at the subject
property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as `12 -0392 A to 12-
0392 B" on the attached maps initialed by me on April 30, 2012.
The Division of Water Quality (DWQ) has determined that the feature labeled as "12 -0392 A to 12 -0392 B" on the
attached maps, and highlighted in red is not subject to the Neuse Buffer Rules. The stream determination begins at
point 12 -0392 A (N 35° 28.063' W 77° 24.460') at the culvert that passes under North Edge Road and continues down
gradient to point 12 -0392 B (N35° 28.082' W77° 24.333') at the edge of the wood line and was rated not subject to the
Neuse Riparian Buffer Rules as depicted on the enclosed maps. Beginning and end points are marked on the ground with
yellow DWQ flagging.
Please note that the feature from point 12 -0392 A to 12 -0392 B is not subject to the Neuse Riparian Rule; however, the
drainage may be considered 404 wetlands. It is recommended that Ms. Emily Jernigan (phone # 910 - 251 -4567) with the
U.S. Army Corp of Engineers be contacted before any work begins in this area. 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: 252 - 946 -6481 1 FAX: 252 - 946 -9215
Internet: wwwmwaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
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"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.
Fo )incerely,
e 1i ld
Attachments: Pitt County Soil Survey map
USGS Ayden Quad map
Goggle Earth map
cc: DWQ 401 /Wetland Express Unit
DLM- WaRO
File Copy
Filename 12 -0392

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Name: AYDEN Location: 035° 28'07.30" N 077° 24'23.32" W
Date: 4/30/2012 Caption: Stream Determination, Anointed Ones Ministries International,
Scale: 1 inch equals 1000 feet Inc., Ayden, Pitt Co.
Copyright (C) 1998, Maptech, Inc

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