20090549 Ver 1_Buffer Determination_20090518

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
Mr. Sean Owens
Baldwin & Janowski, P.A.
10 15 Conference Drive
Greenville, NC 27858
DWQ EXP# 09-0549
Pitt County
Subject Property: Property Located on North Side of Edwards Farm Road (SR 1737), D H Conley State
Road Project, Unnamed Tributary to Indian Well Swamp 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. Owens:
On April 15, 2009, at your request, I conducted an on-site determination to review a drainage feature located on the
subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B.0233). The feature is labeled as "09-0549A
to 09-054913" on the attached maps initialed by me on May 15, 2009.
The Division of Water Quality (DWQ) has determined that the feature labeled as "09-0549A to 09-0549B" on the
attached maps, and highlighted in red is not subject to the Neuse Buffer Rule. The subject feature is marked on the
ground with DWQ green and yellow flagging and starts at the culvert crossing under NCSR 1737 (Edwards Farm Road)
and continues up gradient to the northern end of the subject drainage feature as depicted on the enclosed maps. 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. Please note that although this feature did not rate high enough to be considered an intermittent or perennial stream
the feature may be considered to be 404 wetlands. It is therefore recommended that the Army Corp of Engineers (ACE)
be contacted to review the subject feature before any excavation begins.
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 Domey, 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 parry (including downstream and adjacent landowners) is notified of this decision. DWQ
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: [phone] FAX: [phone]
Internet: www rimaterquality.org
An Equal Opportunity 1Affirmative Action Employer
May 18, 2009
NorthCarolina
Natura`l'y
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 Roberto Scheller in the Washington Regional Office at (252) 948-
3940.
Sincerely,
For Coleen H. Sullins
Attachments: Pitt County Soil Survey map
USGS Greenville Southeast Quad map
Goggle Earth map
Boundary Survey map
cc: DWQ 401/Wetland Express Unit
File Copy
Filename 09-0549
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