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Home My WebLink About20150695 Ver 1_Buffer Determination Request_201507204 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 20, 2015 Donald R. van der Vaart Secretary DWQ # 15 -0695 Wayne County Brown Environmental Group, Inc. Mr. Wyatt Brown 242 Batten Farm Road Selma, NC 27576 Subject Property: Property Located off Ebenezer Church Road (SR 1234) Neuse River Basin, Un -named Tributary to Beaverdam Creek On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2113.0233) Dear Mr. Brown: On July 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 River Basin Riparian Buffer Rules in accordance with (15A NCAC 2B .0233). The feature is labeled as "15- 0695 A to 15 -0695 C' on the attached maps and initialed on July 20, 2015. The Division of Water Resources (DWR) has determined that the feature labeled as "15 -0695 A to 15- 0695 B" as illustrated on the attached maps and highlighted in blue is subject to the Neuse Buffer Rules. The feature labeled as "15 -0695 B to 15 -0695 C" as illustrated on the attached maps and highlighted in red is not subject to the Neuse Buffer Rules. The stream determination begins at the inlet end of a culvert pipe passing under Oakland Church Road (SR 1227), labeled as 15 -0695 A, and continues up gradient to a point labeled as 15 -0695 B, and highlighted in blue on attached maps, is considered subject to the Neuse Buffer Rules. From point 15 -0695 B and continuing up gradient to point labeled as 15 -0695 C, and highlighted in red, the feature is considered not subject to the Neuse Buffer Rules. 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 Division of Water Resources — Water Quality Regional Operations Section— Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252. 946 -64811 FAX: 252-975-3716\ Internet: w .nodenr.gov An Equal Opportunity 1 Affonative Action Employer Page 2 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 1506 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, —yv�e� David May Regional Supervisor Division of Water Resources Attachments: Wayne County Soil Survey map North West Goldsboro, USGS Quad map Aerial cc: Laserfiche DEMLR- WaRO File Copy Nor, I: ,, & .:, _.__..,. I N1: -)L.-;.-nent Comr. fission c:.ls.on of Water For �`�'��P Basin^. &!ffer oat go, �i Reviewed by ` �o Nc C;vic.c� c( Water Forge kJBasln 3!,ffera Date Rodowed by SCALE 1:12000 1000 2000 FEET 3000 I it 2015 i1 ia G000lc-r.