20090317 Ver 1_Buffer Determination_20090528

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 28, 2009
Worthington Farms
c/o Mike Worthington
3661 Ballard Crossroads Road
Greenville, NC 27834
DWQ Project # 2009-0317
Pitt County
Subject Property: Worthington Farms; Winterville, NC
UT to Middle Swamp, Neuse River Basin; (030407, 27-86-26-5; C; Sw; NSW)
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B.0233)
Dear Mr. Worthington:
At your request, on May 22, 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 "2009-0317" on the attached
map initialed by me on May 28, 2009. The project is located on the east side of Ballards
Crossroads Road (SR 1138), approximately 0.6 miles north of the intersection of Ballards
Crossroads Road and Pocosin Road (SR 1125).
The Division of Water Quality (DWQ) has determined that the surface waters
circled, highlighted in blue and labeled as "2009-0317" on the attached map are
SUBJECT to the Neuse Buffer Rule. The features highlighted in pink on the
attached map are EXEMPT from the Neuse Buffer Rule. A previously determined
feature on the property that is subject to the Neuse Buffer Rules, identified as 2008-1714,
is also shown on the attached map. These features and any 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.newaterguality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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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 Chris Pullinger at [phone].
Sincerely,
QL,?, )jt,,?^
Chris Pullinger
Enclosures: copy of Greenville SW quadrangle, 1:24,000 scale USGS topographic map
copy of Page 54, 1974 version of the Pitt County Soil Survey
cc: DWQ 401 Oversight/Express Unit
Sean Owens - Baldwin and Janowski, PA; 1015 Conference Drive, Greenville NC 27858
WaRO File Copy
DLR WaRO
USACE - Washington Field Office - Josh Pelletier
Filename: 2009-0317
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