20090580 Ver 1_Buffer Determination_20090521

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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 Secretarv
May 21, 2009
DWQ Project # 2009-0580
Craven County
Wayne Cyrus
104 Dory Court
Havelock, NC 28533
Subject Property: Cyrus property; Havelock NC
UT to Neuse River, Neuse River Basin; (030410, 27-104; NSW; SB; Sw)
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B.0233)
Dear Mr. Cyrus:
At your request, on May 14, 2009, 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 "2009-0580" on the attached
map initialed by me on May 21, 2009. The project is located on the east end of Dory
Court, at the end of Seven Seas Drive, approximately 0.7 miles to the west of the
intersection of Seven Seas Drive and NC HWY 306.
The Division of Water Quality (DWQ) has determined that the surface water
highlighted in pink and labeled as "2009-0580" on the attached map is EXEMPT
from the Neuse Buffer Rule. 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.
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
North Carolina Division of Water Quality Internet: www.ncwaterguality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NofthCarohna
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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 Chris Pullinger at [phone].
Sincerely,

Chris Pullinger
Enclosures: copy of Cherry Point quadrangle, 1:24,000 scale USGS topographic map
cc: DWQ 401 Oversight/Express Unit
Dan Anthony, 108 Dory Court, Havelock NC 28533
WaRO File Copy
Filename: 2009-0580
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