20150799 Ver 1_Buffer Determination_20150818

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 18, 2015
Mr. Bryan K Jones
Bryan K. Jones Consulting Engineers, PA
Post Office Box 10882
Goldsboro, NC 27532
Subject Property: Lochstone Project
Neuse River Basin, UT to Howell Branch
Donald R. van der Vaart
Secretary
DWQ EXP# 15 -0799 Ver. 2
Wayne County
Reissue of On -Site Determination for Applicability to the Neuse River Riparian Area Protection
Rules (15A NCAC 2B.0233), Express Review
Dear Mr. Jones:
On August 6, 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 subject feature had been reevaluated and
relabeled as "15 -0799 A to 15 -0799 B" on the attached maps and initialed on August 18, 2015.
The Division of Water Resources (DWR) has determined that the feature labeled as "15 -0799 A to 15-
0799 B ", as illustrated on the attached maps and highlighted in blue, is subject to the Neuse Buffer
Rules. This reevaluation was done due to the impacted nature of the upstream portion of the subject,
feature. After further investigation it has been determined that the area upstream of point 15 -0799B
had been incised by excavation; therefore, the Neuse River Buffers are not applicable to this section of
the drainage feature.
The stream determination begins at the right -of -way of Lockhaven Drive (point 15 -0799 A) and continues up
gradient 160 feet to a point labeled 15 -0799 B. The subject feature is as illustrated on the attached maps and
marked on the ground with yellow DWQ flagging. Please note this reissuance of the subject stream
determination supersedes the previous determination.
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: [phone] FAX: [phone] Internet: v .ncdenr.gov
An Equal Opportunity 1 Affrmafive 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 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,
Roberto L. Scheller
Senior Environmental Specialist
Division of Water Resources
Attachments: Wayne County Soil Survey map
NE Goldsboro, USGS Quad map
Aerial
cc: Richard Peed, DEMLR, WaRO
Bryan K Jones Consulting Engineers, PA, email: bkjones @nc.rr.com
Laserfiche
DEMLR - WaRO
File Copy

15 -0799 A
N 35 24.0@1'
W 77 57.E21'
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15 -0799 B
N 35 23.931'
W 77.57.834'
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