20090190 Ver 1_Buffer Determination_20090402

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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
April 2, 2009
DWQ Project # 2009-0190
Deborah M. Rothman
103 Drake Place
Pikeville, NC 27863-9769
Subject Property: Rothman property; Pikeville, NC
UT to "The Slough", Neuse River Basin;
Wayne County
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B.0233)
Dear Mrs. Rothman:
On March 12, 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
Neuse Buffer Rules (15A NCAC 2B.0233). The subject area is labeled as "2009-0190"
on the attached map initialed by me on March 5, 2009. The project is located off of
Drake Road, in the Summerdale subdivision, on the south side of Wayne Memorial Drive
(SR 1556), near the community of Pikeville, NC.
At your request, I conducted an on-site determination as stated above. During my review
I evaluated the stream using the DWQ Stream Classification Form. I evaluated the
stream reach up to SR 1556 and calculated the score to be 16.25 points. The form states
that if the score is "greater than or equal to 19 points the stream is at least intermittent".
Based on this evaluation, the portion of the feature up to SR 1556 was identified as being
ephemeral.
The Division of Water Quality (DWQ) has determined that the surface water
labeled as "2009-0190" on the attached map is NOT SUBJECT to the Neuse Buffer
Rule. This surface water 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.ncwatergaality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthQuolina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper ;Vatta'ally
Page 2 of 2
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 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: 1:24,000 scale USGS topographic map, Jason quadrangle
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
USACE, Washington Field Office
Filename: 2009-0190

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