20090408 Ver 1_Buffer Determination_20150421

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NCDENR,
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 21, 2015
Engineering & Environmental Science Co.
Mr. Pat Shillington
3008 Anderson Drive, Suite 102
Raleigh, NC 27609
Donald R. van der Vaart
Secretary
DWQ # 09 -0408 Ver. 2
Wayne County
Subject Property: Property at Corner of New Hope Road (SR 1003) and Hare Road (SR 1570)
Neuse River Basin, Un -named Tributary to Reedy Branch
[NEU 05,27-62-2; C, NSW]
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B.0233)
Dear Mr. Shillington:
On April 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 feature is labeled as "09 -0408 A" on the attached
maps and initialed on April 20, 2015.
The Division of Water Resources (DWR) has determined that the feature labeled as "09 -0408 A" as
illustrated on the attached maps and highlighted in red, is not subject to the Neuse Buffer Rules.
The stream determination begins at the outlet of a roadway culvert passing under Hare Road (S.R.1570) and
continues down gradient to a point where the subject feature passes under New Hope Road (SR 1003). The
subject feature is 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
Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
Phone: [phone] FAX: [phone]
Internet www.ncivaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

Page 2
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 1508 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,
WY�.�' J
Robert Tankard
Assistant Regional Supervisor
Division of Water Resources
Attachments: Wayne County Soil Survey map
USGS Quad map
Aerial
cc: Dillon Wooten, Balboa Properties, LLC, email: dwooten @kmsnc.com
Laserfiche
DEMLR- WaRO
File Copy

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