20121135 Ver 1_Stream Call Letter_20130206

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NCDENR
North Carolina Department of Environment and
Division of Water Quality
Pat McCrory Charles Wakild, P.E.
Governor Director
February 6, 2013
ECS Carolinas, LLP
Mr. James C. Bevers
726 Ramsey Street, Suite 3
Fayetteville, NC 28301
Natural Resources
Subject Property: Mount Olive Farm 1, LLC
Neuse River Basin, Thunder Swamp (NEU 12, 27- 54 -5 -1; NSW, C)
John E. Skvarla III
Secretary
DWQ # 12 -1135
Wayne County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
2B .0233)
Dear Mr. Bevers:
On January 30, 2013 at your request, I conducted an on -site determination to review a drainage features located at the
subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features reviewed are labeled as
" 4001 to #003" on the attached maps and initialed by me on February 1, 2013.
The Division of Water Quality (DWQ) has determined that the features labeled as " #001 and #003 A" on the
attached maps, and highlighted in red are not subject to the Neuse Buffer Rules. The feature labeled as " #002 to
#003" on the attached maps and highlighted in blue is subject to the Neuse Buffer Rules. The stream determination
begins at point #001 (N 35° 11.877' W 78° 05.191') and continues down gradient to the intersection of the blue line
stream, labeled as #002 (N 35° 11.857' W 78° 05.227'), marked on the ground with yellow DWQ flagging. The blue line
stream segment begins at point #002 and continues downstream to a point labeled as #003 (N 35° 11.833' W 78° 05.026')
and marked on the ground with yellow DWQ flagging. The map feature labeled as point #003 A does not exist as shown
on attached maps and is 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
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
Naturally

"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 or Karen Higgins of the Wetland, Buffer, Stormwater, Compliance and Permitting (Webscape) Unit at 919 -807-
6360.
Sincerely,
l�yyr�r
awam�
For vCharles Wakild P.E.
Attachments: Wayne County Soil Survey map
USGS Mt Olive Quad map
Google Earth
cc: DWQ Webscape Unit
File Copy
Filename 12 -1135

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