20121141 Ver 1_Stream Call Letter_20130207

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
ECS Carolinas, LLP
Mr. James C. Bevers
726 Ramsey Street, Suite 3
Fayetteville, NC 28301
Division of Water Quality
Charles Wakild, P.E.
Director
February 7, 2013
John E. Skvarla III
Secretary
DWQ # 12 -1141
Wayne County
Subject Property: AM Best Farm, Fedelon Trail, West of Goldsboro, Hwy. US 117, Fedelon Trail (SRI 306)
Neuse River Basin, Smith Mill Run [NEU 06, 27- 57 -21; NSW, WS -IV]
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
213 .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
" #004 to #007" on the attached maps and initialed by me on February 7, 2013.
The Division of Water Quality (DWQ) has determined that the features labeled as " #004 to #007" on the attached
maps, and highlighted in red are not subject to the Neuse Buffer Rules. The drainage features on the subject site are
considered to be man -made ephemeral features and 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
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.
North Carolina Division of Water Quality
943 Washington Square Mail
Washington, NC 27889
Phone: 252 - 946 -6481 1 FAX: 252 - 946 -9215
Internet: www rtcwaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolin.a
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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,
For Charles Wakild, P.E.
Attachments: Wayne County Soil Survey map
USGS Northeast Goldsboro Quad map
Google Earth
cc: DWQ Webscape Unit
File Copy
Filename 12 -1141

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