20120230 Ver 1_Buffer Determination_20120618

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, RE, Dee Freeman
Governor Director Secretary
June 18, 2012
MCAS Cherry Point
Ms. Jessica Guilianelli
Building 4223 Access Road
MCAS Cherry Point, NC 28533
DWQ Project # 12 -0230
Craven County
Subject Property: MCAS Cherry Point, Area B
Neuse River Basin (NEU 10), Neuse River (27- (104); SB, Sw, NSW),
Tucker Creek (27- 112 -6; SC, Sw, NSW), Anderson Creek (27- 112 -7;
SC, Sw, NSW), Slocum Creek (27 -112; SC, Sw, NSW)
On -Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B.0233)
Dear Ms. Guilianelli:
On March 20 and 21, 2012, at your request I conducted on -site determinations to review
drainage features located within Area B for applicability to the Neuse River Buffer Rules
(15A NCAC 2B .0233). The features are labeled on the attached maps, highlighted in red
and blue, and initialed by me on June 18, 2012.
The Division of Water Quality (DWQ) has determined that the surface waters
labeled as "AA -01 through LW -01" (see Enclosed Stream Origin Determination
List) on the attached. maps and highlighted in red are not subject to the Neuse Buffer
Rule. Streams highlighted in blue are subject to the Neuse Buffer Rules. Initial
stream origin points were set by staff of Geo- Marine and conformation of these stream
origin points for applicability to the Neuse River Riparian Buffer Rules was performed
by DWQ staff.
Please be advised that although the subject features highlighted in red are not subject to
the Neuse Buffer Rules these features may be considered waters of the U.S. and waters of
the State that may require Nationwide Permits from the US Army Corp of Engineers and
General Certifications from the State of North Carolina. It is recommended that Mr.
North Carolina Division of Water Quality Internet: wuw.newaterqualityM
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthC arolina
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William Wescott with the US Army Corp of Engineers, Washington Field Office, be
contacted (910- 251 -4629) and Roberto Scheller with the Division of Water Quality,
Washington Regional Office (252- 948 -3940) if any construction within these areas is
planned.
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 "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.
incerel,
For Charles a ild,
Enclosures: USGS Topo maps
Soils maps
Aerial Photos
Stream Origin Determination List (Area B)
cc: Jason Hales, Geo- Marine, Inc. 1911 -D Lejeune Blvd., Jacksonville, NC 28546
DWQ 401 Oversight/Express Unit
File Copy
Filename: 12 -00230

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