20081853 Ver 1_Buffer Determination_20090106

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
January 6, 2009
DWQ EXP# 08-1853
Pitt County
Mr. Sydney P. Britt
7 Saint Frances Ct.
Greensboro, NC 27408-3716
Subject Property: Ayden 116-Acre Farm
Drainage to Little Contentnea Creek, 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. Britt:
On January 6, 2009, 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 feature is labeled as "08-1853" on the attached maps initialed by me on January
7, 2009.
The Division of Water Quality (DWQ) has determined that the feature labeled as 4408-
1853" on the attached maps and highlighted in red are 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
None Carolina
401 Oversight/ Express Review Permitting Unit Yaturvlly
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/ncvvetlands
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 Central Office at 919-715-6823.
Sincerely,
For Cole . u ins
Attachments: Pitt County Soil Survey map
USGS Ayden Quad map
Google Earth map
cc: DWQ 401 /Express Office
File Copy
H.C. Harris, Jr. P.E.
Filename 08-1853

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Name: AYDEN Location: 035'28'36.66" N 377° 27 ;5 17" W
Date: 11712009 Caption. Ayden 116-Acre "arm
Scale. 1 inch equals 1333 feet Pitt County
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