20080269 Ver 1_Buffer Determination_20080211

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Colleen Sullins, Director
Division of Water Qualiry
February 11, 2007
Kevin Avolis, P. E.
Avolis Engineering, P. A.
P. O. Box 15564
New Bern, NC 28561-0068
Subject Property: Stillwater Harbour
UT to Brice's Creek, Neuse River Basin
DWQ Project # 2008-0269
Craven County
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
2B .0233)
Dear Mr. Avolis,
On January 3, 2008, 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 property is located
on the west side of Marion Drive, approximately 0.4 miles south of the intersection of Marion Drive and Brices
Creek Road (SR 1014). The feature is labeled as "2008-0269" on the attached map initialed by me on Februazy
11, 2008
The Division of Water Quality (DWQ) has determined that the portion of the features that is circled and
highlighted in blue on the attached map is Subject to the Neuse Buffer Rules. Your proposed grading in
Zone 2 of the riparian buffer is Exem t as a use designated as "Exempt" in the Table of Uses (15A
NCAC 02B .0233 (6)). Once any grading in Zone 2 is complete, the disturbed area must be stabilized with
vegetation. This feature 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 determination pertains to the subject property only. 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 DWQ 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 Cyndi Karoly, DWQ
Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 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 heazing. 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.
North Carolina Division of Water Quality Internet: h2o.enr.state,nC.us
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal OpportunitylAffirmativeActjon Employer- 50% Recycled110% Post Consumer Paper ~aturallr~

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, 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 me at [phone].
Sincerely,
~~ 2~.~w
Chris Pullinger/Environmental Specialist
DWQ/WaRO
Wetlands / 401 Unit
Enclosures: copy of 1:24,000 scale USGS topographic map, New Bern quadrangle
cc: DWQ WaRO files
DLW WaRO files
401/Wetlands Unit files
Central Files
Filename: 2008-0269

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