20080846 Ver 1_Buffer Determination_20080522

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 22, 2008
Mr. Sylvan Friedman, President
Sylvan Homes
807 Broad Street, Suite A
Oriental, NC 28571
Subject Property: Lions Gate Subdivision, Moores Corner
UT to Whittaker Creek, Neuse River Basin
Coleen H. Sullins, Director
Division of Water Quality
DWQ EXP# 08-0846
Pamlico County
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233)-EXPRESS REVIEW PROGRAM
Dear Mr. Friedman:
On May 20, 2008, at the request of Stocks Engineering 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 "08-0846 a to 08-0846 b" on the
attached maps initialed by me on May 22, 2008.
The Division of Water Quality (DWQ) has determined that the feature labeled as "08-0846
a to 08-0846 b" on the attached maps and highlighted in red is not subject to the Neuse
Buffer Rule. Please note that the stream call for the subject drainage extends 50 feet past
the property line as depicted on plan sheet EX-01. 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.
401 Oversight/ Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state,nc.us/ncwetlands
N"os?eh Carolina
?vaturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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 of the Washington Regional Office at 252-948-3940 or Amy
Chapman in the Raleigh Regional Office at 919-715-6823.
Sincerely,
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Attachments: Pamlico County Soil Survey map
USGS Oriental Quad map
Site Plan EX-01
cc: Paul Smith, P.E., Stocks Engineering, P.A.
DWQ 401 /Express Office
File Copy
Central Files
Filename 08-0846
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Name: ORIENTAL Location 035- 02'31,74" N 076" 41' '.3 36' ',"
Date: 5!221200$ Caption: Lions Gate Subdivision
Scale, 1 inch equals 1000 feet Stream Call
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