20090832 Ver 1_Buffer Determination_20090805

A4
ABM
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. Daniel M. Taylor
Wildlands Engineering, Inc.
5605 Chapel Hill Road, Suite 122
Raleigh, NC 27569
Subject Property: Property Located off Capps Bridge Road (SR# 1234)
Unnamed Tributary to Little River, Neuse River Basin
DWQ EXP# 09-0832
Wayne County
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
2B.0233)-EXPRESS REVIEW PROGRAM
Dear Mr. Taylor:
On August 4, 2009, at your request, I conducted an on-site determination to review drainage features located on the
subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as "09-
0832A to 09-0832B" on the attached maps initialed by me on August 5, 2009.
The Division of Water Quality (DWQ) has determined that the features labeled as "09-0832A and 09-0832B" on
the attached maps and highlighted in blue are subject to the Neuse Buffer Rule. 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 John Dorney, 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 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.
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: [phone] FAX: [phone]
Internet: www.ncwaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
August 5, 2009
One
hCarohna
Nort
Naturally
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 4? n
Attachments: Wayne County Soil Survey map
USGS Northwest Goldsboro Quad map
Goggle Earth map
cc: ?5wQ 401/Wetland Express Unit
File Copy
Filename 09-0832