20080665 Ver 1_Buffer Determination_20080508

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 8, 2008
DWQ EXP# 08-0665
Craven County
Mrs. Larissa Coles
1510 E. Dixon Blvd.
Shelby, NC 27834
Subject Property:
1006 Old Cherry Point Road
Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233)-EXPRESS REVIEW PROGRAM
Dear Mr. Coles:
On May 7, 2008, at your request I conducted an on-site determination to review a drainage
feature located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC
2B .0233). The feature is labeled as "08-0665" on the attached maps initialed by me on May 9,
2008.
The Division of Water Quality (DWQ) has determined that the feature labeled as 1108-
0665" on the attached maps is not subject to the Neuse Buffer Rule. The owner (or future
owners) should notify the DWQ (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 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 John Dorney, 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
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. DWQ recommends
that the applicant conduct 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 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
„Onc,
i? ui?.cuvu is
401 Oversight / Express Review Permitting Unit 6111,70
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
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 or Amy
Chapman in the Raleigh Office at 919-715-6823.
Sincerely,
Al1odge up rvisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Attachments: Craven County Soil Survey map
USGS New Bern Quad map
cc: Mr. Manhar Patel
DWQ 401/Wetlands Raleigh Office
File Copy
Central Files
Filename 08-0665

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Name- NEW BERN Location 035 04'5935' N 077101'41.69' '04
Date" 51812008 Caption: Site- 1006 Old Cherry Point Road
Scale 1 inch equals 1000 feet
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