20060413 Ver 1_Buffer Determination_20110524

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality'
Beverly Eaves Perdue
Governor
Heather Smith
NCDENR -EEP
1652 Mail Service Center
Raleigh, NC 2,7699 -1652
Coleen H. Sullins
Director
May 24, 2011
Dee Freeman
Secretary
DWQ Project # 2006 -0413 v2
Jones County
Subject Property:, Stallings, stream and wetland restoration project
UTs w Flat Swamp, Neuse River Basin
Class C „Sw, NSW; Index# 27401- 15 =2 -1; Sub- basin,03041 I
On -Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B.0233)
Dear Ms. Smith:
On May 18, 2011, at your request I conducted an on -site determination to review drainage
features located on the subject property for applicability to the Neuse Buffer Rules (15A
NCAC 2B .0233). The project area is labeled as "2006 -0413 v2” on the attached map
initialed by me on May 31, 2011. The project is located on the southeast corner of the
intersection of Wyse Farm Road and
'The Division of Water Quality (DWQ) has determined that the surface waters
circled, highlighted in blue, and labeled as "2006 -0413 v2 (A, B, and C)" on the
attached map are at least intermittent and are SUBJECT to the Neuse Buffer Rule.
The portions of the features that are highlighted in,red are ephemeral and NOT SUBJECT
to the Rule. Throughout the project area, it appears that the,stream banks are stable.
These features and any associated buffers should be identified on any future plans for this
property. 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 thig 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
North,Carohna'Divrston of Water Quality Internet www ncwalerauahty.ore
943 Washington Square Mall Phone 252 =946 -6481 One
Washington, NC 27889 FAX [phone] NorthCarOhria
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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 Cyndi Karoly, DWQ, 40,1
Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Suite 256, Raleigh, NO
27604 -2260. 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, 67'14 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 addfesses'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 me at (252) 948 -3920.
Sincerely,
U6 _J_
Chris Pullinger°
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: copy of Google Earth map with 1:24,000'scale USGS topographic map
(Dover quadrangle) and NRCS soils ped overlays
cc: DWQ 401 Oversight/Express WeBSCaPe Unit - Attn: Eric Kulz
WaRO File Copy
Filename 2006 -0413 v2

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