20090137 Ver 1_Buffer Determination_20090305

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
%-I arch 5. 2009
Robert Newell
134 Mandy's Lane
Trent Foods, NC 28562
Subject Property: 134 Mandy's Lane; Trent Woods, NC
Trent River. Neuse River Basin:
DWQ Project :i 2009-0137
Jones County
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B.0233)
Dear Mr. Newell:
On March 3, 2009, at your request I conducted an on-site determination to review your
vegetation management project located on the subject property for applicability to the
Meuse Buffer Rules (15A NC AC 2B .0233). The subject area is labeled as `'2009-0137'
on the attached map initialed by me on March 5, 2009. The project is located off of
Scotts Farm Road, on the south side of US HWY 17, near the community of Trent
Woods, NC.
At your request, 1 conducted a site visit to identity the riparian buffer, and explain the
rules concerning vegetation removal within the huffier to you and your contractor. During
my review, I observed that the site contained dense woody vegetation, and explained that
limited pruning of the forest vegetation could be undertaken, as long as it did not
compromise the health of individual trees. Some dead and dying trees were identified for
removal, along with what constitutes "nuisance vegetation", which can also be removed.
The Division of Water Quality (DWQ) has determined that the surface water
labeled as 112009-0137" on the attached map is SUBJECT to the Neuse Buffer Rule.
This surface water and it's 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) ).ears fiom the date of this letter.
:North Carolina Division of Water Quality Iclemel: www.ncw q??7i .ar
943 Wibhington Syuarc Mail Phune. 252-946-6481 One
Washington, '%("27&X0 FAX [phone] NorthCarOlina
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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
OversightlExpress 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 aqiacent 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 confirms to Chapter 150B ofthe 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 [phone].
Sincerely,

Chris Pullinger
Enclosures: 1:24.000 scale USGS topographic map. Pollocksville quadrangle
riparian buffer brochures (2)
cc: DWQ 401 OversightlE.xpres Unit
WaRO File Copy
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