20090041 Ver 1_Buffer Determination_20090304

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 4, 2009
DWQ Project # 2009-0041
Craven County
Joseph C. Avolis, PE
Avolis Engineering, P.A.
P. O. Box 15564
New Bern, North Carolina 28561
Subject Property: Kid's World Amusement Complex; Havelock, NC
UT to Southwest Prong of Slocum Creek, Neuse River Basin;
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC-2B.0233)
Dear Mr. Avolis:
On February 12, 2009, 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 "2009-0041" on the attached map initialed
by me on March 4, 2009. The project is located on the east side of US HWY 70,
approximately 0.15 miles north of the intersection of the US HWY 70 and Slocum
Avenue (SR 1781).
The Division of Water Quality (DWQ) has determined that portion of the surface
water circled, highlighted in blue, and labeled as "2009-0041" on the attached map
is at least intermittent and is SUBJECT to the Neuse Buffer Rule. The portion of
the surface water highlighted in pink on the attached map is EXEMPT from the
Neuse Buffer Rule. The buffer origin point on the ground has been flagged on the
ground, and is approximately 50 feet off the property for this project. 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.
North Carolina Division of Water Quality Internet: www.ncwaterquali , .org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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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
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 dbes 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 or Waters of the State. If you have any additional questions or require
additional information please call me at [phone].
Sincerely,

Chris Pullinger
Enclosures: copy of 1:24,000 USGS topographic map, Havelock quadrangle
cc: DWQ 401 Oversight/Express Unit
CAMA, Morehead
WaRO File Copy
Filename: 2009-0041
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