20071924 Ver 1_Buffer Determination_20081118

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 18, 2008
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
DWQ Project # 2007-1924
Wayne County
Donnie G. Allen
454 Whitley Church Road
Princeton, NC 27569
Subject Property: Allen Court Manor Mobile Home Park; Princeton, NC
UT to Beaverdam Creek, Neuse River Basin; (WS-IV; NSW), 27-55; 03-04-12
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233)
Dear Mr. Allen:
At your request I conducted an on-site determination to review a feature located on the subject
property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is
labeled as "2007-1924" on the attached map initialed by me on November 18, 2008. The
property is located on the north side of East Evans Road (SR 1231), approximately a half-mile
east of the intersection of SR 1231 and Luby Smith Road (SR 1229), near Princeton, NC.
The Division of Water Quality (DWQ) has determined that the surface water that is
circled, highlighted in blue, and labeled as "2007-1924" on the attached map is Subject to
the Neuse Buffer Rule. The portion of the feature that is highlighted in pink is Exempt
from the Neuse Buffer Rule. This point has been flagged on the ground. This feature and its
associated buffers 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 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, 401 Oversight/Express Review Permitting Unit,
2321 Crabtree Blvd., Suite 250, 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
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
to
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November 18, 2008
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 Chris Pullinger at [phone].
Sincerely,
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Chris Pullinger
Enclosures: copy of 1:24,000 scale USGS topographic map, Princeton quadrangle
cc: DWQ 401 Oversight/Express Unit
Steve Blanchard, Jim Blanchard Associates; PO Box 5, 443 Sarecta Road, Kenansville NC 28349
Wayne County Planning Department
WaRO Copy
Filename: 2007-1924

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