HomeMy WebLinkAbout20080760 Ver 1_Buffer Determination_20080501?O? W A7- 9O Michael F. Easley, Governor
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C William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
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Colleen Sullins. Director
Division of Water Quality
May 1, 2008
DWQ Project #2008-0760
Pitt County
Ben Williams
Rivers & Associates
1015 Conference Drive
Greenville, NC 27858
Subject Property: Pitt County Tax Parcel 23386
UT to Swift Creek, Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
2B .0233)
Dear Mr. Williams:
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 off of the west side
of Ayden Golf Club Road (SR 1723), approximately 1 mile south of the intersection of NC HWY 102 and
Ayden Golf Club Road. The feature is labeled as "" on the attached map initialed by me on May 1, 2008
The Division of Water Quality (DWQ) has determined that the portion of the feature that is highlighted
in pink on the attached map is Exempt from the Tar-Pamlico Buffer Rules. 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 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.
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: 252-946-6481
Washington, NC 27889 FAX 252-946-9215
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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 (252) 948-3920.
Sincerely,
Chris Pullinger/Environmental Specialist
DWQ/WaRO
Wetlands / 401 Unit
Enclosures: copy of 1:24,000 scale USGS topographic map, Ayden quadrangle,
cc: DWQ WaRO file
401 Central Office file
Central Files
Filename: 2008-0760
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