20130326 Ver 1_Buffer Determination_20130328

Pat McCrory Charles Wakid, P.E. John E. Skvarla III
Governor Director Secretary
March 28, 2013
DWQ EXP# 13 -0326
Pitt County
Keller Environmental LLC
Mr. Jay Keller
7921 Haymarket Lane
Raleigh, NC 27615
Subject Property: Highway NC 11, Ayden Solar
Neuse River Basin, Swift Creek [NEU 07,19-5(l); NSW, C]
1; Determination pp the ,
213.0233) - EXPRESS REVIEW PROGRAM
Dear Mr. Keller:
On March 25, 2013 at your request Mr. Roberto Scheller of this Office conducted an on -site determination of drainage
features located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features
are labeled as "001, 002, 003, and 004" on the attached maps initialed on March 27, 2013.
The Division of Water Quality (DWQ) has determined that the features labeled as " 9001, 002, 003, and 004" on the
attached maps, and highlighted in red are not subject to the Neuse Buffer Rules. The stream determination begins at
point #001 (N 35° 26.837' W 77° 25.930'), and continues up gradient to a second point labeled #002 (N 35° 26.841 W
77° 25.928'), and continues south to point 4003 (N 35° 26.761', W 77° 26.201'). The stream determination follows the
ditch line east to the front southeast corner of the subject property labeled point #004 (N 35° 26.745', W 77° 25.773') as
shown on enclosed maps and marked on the ground with yellow DWQ flagging.
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
North Carolina Division of Water Qualittf
943 Washington Square Mail
Washington, NC 27889
Phone: 252 - 946-6481 \ FAX: [phone]
Internet: www.nmaterquality.orq
An Equal Opportunity\AttinnafiveAction Employer
s`7

the applicant conducts 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 Ilearings, 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.
Sincerely,
P
For Charles Wakid, P.E.
Attachments: Pitt County Soil Survey map
USGS Ayden Quad map
Goggle Earth map
cc: DWQ Webscape Unit
DEMLR- WaRO
File Copy
Filename 13 -0326

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