HomeMy WebLinkAbout20130163 Ver 1_Buffer Determination_20130319Pat McCrory
Governor
Floyd Williams
Post Office Box 190
Bath, NC 27808
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P.E.
Director
March 19, 2013
Subject Property: Carolina Stone, LLC, Ange Mine off Hwy 118, Ange Road
Neuse River Basin, Neuse River [NEU 08, 27 -(85); C, Sw, NSW]
John E. Skvarla III
Secretary
DWQ # 13 -0163
Craven County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
213 .0233)
Dear Mr. Williams:
On March 15, 2013 at your request, Roberto Scheller of this Office conducted an on -site determination to review drainage
features located at the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features
reviewed are labeled as " #001 - #002, #003 - #004, #005 - #006, #007, #008" on the attached maps and initialed by Mr.
Scheller on March 18, 2013.
The Division of Water Quality (DWQ) has determined that the feature labeled as " #008" on the attached maps,
and highlighted in blue is subject to the Neuse Buffer Rules. The features highlighted in red are not subject to the
Neuse Buffer Rules. The subject stream determination is located at point #008 (N 35° 19.977' W 77° 18.821') and
marked on the ground with yellow DWQ flagging. The drainage features highlighted in red and shown on the attached
maps are not subject to the riparian buffer rules.
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
North Carolina Division of Water Quality
943 Washington Square Mail
Washington, NC 27889
Phone: 252 - 946 -64811 FAX: 252 - 946 -9215
Internet www rtmaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
One
NorthCarolina
Naturally
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 or Karen Higgins of the Wetland, Buffer, Stormwater, Compliance and Permitting (Webscape) Unit at 919 -807-
6360.
Sincerely,
J,rl ak&�
For Charles Wakild, P.E.
Attachments: Craven County Soil Survey map
USGS Fort Barnwell Quad map
cc: DWQ Webscape Unit
File Copy
Filename 13 -0163
aw
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# 006
N 35 20. 084
# 005 W 77 18.804'
# 003
N 35 20.155'
W 77 18.718'
N 35 20.132
W 77 18.953' # 001 'N 7, 0
W
N 35 20.137' 77 18.715'
# 004
N 35 20.152'
W 77 18.719'
# 002
N 35 20.148'
W 77 18.712'
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# 007
N 35 19.971'
W 77 18.891-
# 008
N 35 19.977'
W 77 18.821'
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