HomeMy WebLinkAbout20090560 Ver 1_Buffer Determination_20090604 in
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 4, 2009
DWQ Project# 2009-0560
Wayne County
BAM Contractors
Attn: Joe Rabah
1230 Morehead Place, #202
Sumter, SC 29150
Subject Property: Seymour Johnson AFB -Housing Demolition; Goldsboro,NC
UT to Stoney Creek,Neuse River Basin; (030405,27-62; C;NSW)
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B .0233)
Dear Mr. Rabah:
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 "2009-0560" on the attached
map initialed by me on June 4, 2009. The project is located on the south side of Fechet
Street, approximately 0.3 miles west of the intersection of Fechet Street and Chandler
Road, on Seymour Johnson Air Force Base.
The Division of Water Quality (NCDWQ) has determined that the surface waters
highlighted in pink and labeled as "2009-0560" on the attached map is EXEMPT
from the Neuse Buffer Rule. This feature and any associated buffers should be
identified on any future plans for this property. The owner (or future owners) should
notify the NCDWQ (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
North Carolina Division of Water Quality Internet: www.ncwaterguality.org
943 Washington Square Mall Phone: 252-946-6481 One
Washington,NC 27889 FAX 252-946-9215 NofthCuolina
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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 (252) 948-3920.
Sincerely,
Chris Pullinger
Enclosures: copy of SE Goldsboro quadrangle, 1:24,000 scale USGS topographic map
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
DLR WaRO
USACE - Washington Field Office
Kevin Krick PE, Genesis Consulting Group, 1330 Lady Street, Suite 205,Columbia SC 29201
Filename: 2009-0560
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