20130323 Ver 1_Buffer Determination_20130405

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Town of Eureka
Billy Davis
104 North Church Street
Eureka, NC 27830
Subject Property: Town of Eureka
Division of Water Quality
Charles Wakid, P.E.
Director
April 5, 2013
Neuse River Basin, Watery Branch [NEU 07, 27- 86 -12; NSW, C, Sw]
John E. Skvarla III
Secretary
DWQ # 13 -0323
Wayne County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
213 .0233)
Dear Mr. Davis:
On April 3, 2013 at your request Mr. Roberto Scheller of this Office conducted an on -site determination of a drainage
feature located within the Town of Eureka for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The
feature is labeled as "13- 0323" on the attached maps and initialed on April 5, 2013.
The Division of Water Quality (DWQ) has determined that the feature labeled as "13- 0323" on the attached maps,
and highlighted in red is not subject to the Neuse Buffer Rules. The stream determination begins at point #007 at inlet
of roadway culvert passing under West Main Street and continues down gradient, passing under West Martin Street, and
ends at the culvert outlet on South Church Street labeled #012 as shown on enclosed maps.
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 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
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: 252 - 946 -6481 1 FAX: 252 - 946 -9215
Internet: www.ncwaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
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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.
S' cerely,
For Charles Wakid, P.E.
Attachments: Wayne County Soil Survey map
USGS Fremont Quad map
Goggle Earth map
cc: DWQ Webscape Unit
DEMLR- WaRO
File Copy
Filename 13 -0323

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Name: FREMONT Location: 035° 32'23.8" N 077° 52' 36.71" W
Date: 3/26/2013 Caption: Town of Eureka Stream Determination, Wayne Co.
Scale: 1 inch equals 1000 feet