WQ0037203_Determination_20140114

ATA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Govemor Director
January 14, 2014
Chris Sheats
The Catena Group
410-B Millstone Drive
Hillsborough, NC 27278
Subject Property: Property at corner of Patetown Rd. & Tommy's Road in Wayne Co.
Neuse River Basin, Stoney Creek [NEU 05, 27-62; C, NSW]
John E. Skvaria III
Secretary
DWQ # 14-0010
Wayne County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
2B .0233)
Dear Mr. Sheats:
On January 6, 2014, at your request, Mr. Roberto Scheller of this Office conducted an on -site determination of drainage
features located on the subject property. The drainages were reviewed for applicability to the Neuse Buffer Rules in
accordance with (15A NCAC 2B .0233). The features are labeled as "#006 and #009" on the attached maps and initialed
on January 13, 2014.
The Division of Water Resources (DWR) has determined that the features labeled as "#006 and #009" on the
attached maps and highlighted in red are not subject to the Neuse Buffer Rules. The stream determination begins at
the roadside ditch of Tommy's Road (SR 1571) and continues down gradient to the roadside ditch of Patetown Road (SR
1523) and labeled as #006 on the attached maps. The second drainage feature begins at point labeled #009 and continues
down gradient to the roadway culvert that passes under Patetown Road (SR 1523) as illustrated on the attached maps. All
points are marked on the ground with yellow DWQ flagging.
The owner (or future owners) should notify the DWR (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 DWR 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 DWR 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. DWR recommends that
Water Ouafity Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
Phone: [phone] \ FAX [phone]
Internet www.naraterqua5ty.orq
An Equal Opt'Ixtunily 1 Affirmative Action Ernployc-r

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 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.
Sincerely,
For Thomas A. Ruder
Attachments: Wayne County Soil Survey map
USGS Northeast Goldsboro Quad map
cc: DWR Webscape Unit
DEMLR- WaRO
File Copy
Filename 14-0010

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