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HomeMy WebLinkAbout20150185 Ver 1_Buffer Determination_20150216400 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary February 16, 2015 DWQ # 15 -0185 Pitt County Edmonson Construction Company of Greenville, LLC Mr. Don Edmonson, Manager 2625 Charles Boulevard Greenville, NC 27858 Subject Property: 25 Acre Track off Ayden Golf Club Road (SR 1732) Neuse River Basin, Fork Swamp [NEU 09, 27 -97 -4; Sw, C, NSW] On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 213 .0233) Dear Mr. Edmonson: On February 16, 2015, at your request, Mr. Roberto Scheller of this Office conducted an on -site determination of a drainage feature located at the subject property. The drainage was reviewed for applicability to the Neuse Buffer Rules in accordance with (15A NCAC 2B.0233). The features are labeled as "15 -0185 A to 15- 01856" on the attached maps and initialed on February 16, 2015. The Division of Water Resources (DWI2) has determined that the features labeled as "15 -0082 A to 15- 0185 B" as illustrated on the attached maps and highlighted in red, is not subject to the Neuse Buffer Rules. From point 15 -0185 B to property line subject feature is considered subject to the Neuse Buffer Rules as illustrated on the attached maps and 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 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 Water Quality Regional Operations Section 943 Washington Square Mall Washington, NC 27889 Phone: 252- 946 -64811 FAX: 252- 946 -9215 Internet www.nmaterouality.org An Fqual Opponundy 1 AfirmaGve Adon Employer Page 2 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, 7a-V Robert Tankard Assistant Regional Supervisor Division of Water Resources Attachments: Pitt County Soil Survey map Ayden, USGS Quad map ' Aerial cc: Mike Baldwin, Baldwin Design Consultants, email: mwbaldwin @baldwindesignconsultants.com Laserfiche DEMLR- WaRO File Copy North carolm Em*vwn@ntd Management Commission D or Water Resou Ivym Fo�rt'� �Oftsln BrucO"W Date gol� Reviewed by North Carolina Erv~n antal Management COmmfssl Divi n of Weter Resmi For: Basin Bu* R08WOd SCALE 1:12000 a 1000 2000 3000 FEET 077° 23' 00.00" W 077° 22' 30.00" W 077' 22 Z � 1 � Z o • ' � � illl � p 0 0 0 I 41hi, , Fa aloW pave Z • Z �, ►s -otesg o o ° n.ntr o ry ry h Ada • • °ant � i Iii •� W Q Nc_1:O2:Eastt I 0 Z I = o Z o � a o li I� M ry l \ I �! • a Co 6 M To1q. 2006 -2015 TomTo 077° 23' 00.00" W 077° 22'30,00" W 077° 22 North Carolina Erv~n antal Management COmmfssl Divi n of Weter Resmi For: Basin Bu* R08WOd SCALE 1:12000 a 1000 2000 3000 FEET e� L CD 1 4� 7