20100004 Ver 1_Buffer Determination_20100505

ALE
NCQENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 5.2010
DWQ Project # 2010-0004
Wayne County
Maxwell Foods, LLC
P. C). Box 10009
Goldsboro. NC 7532
Subject Property: Maxwell Foods, LLC - Gurley Tract
UT to West Bear Creek. Neuse River Basin
On-Site Deteripinau'pu' for AJlplicability to the Neuse River Riparian Area
Protection Rule r15 N(;V 2B.0233)
Dear Mr. Allen:
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 (t 5A NCAC 2B
.0233). The feature is labeled as "2410-0004" on the attached map initialed by me on
May 1, 2010. The project is located approximately 400 feet east of the intersection of US
14Y 13 and SR 1705 (Hood Swamp Road).
The Division of Water Quality (DWQ) has determined that the surface water
labeled as 11,2010-0004" on the attached map is a man-made feature and is NOT
SUBJECT to 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 butler
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
OversikhtlExpress Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh, NC
North Carolina niv'tston of Water Qualm Inlemel 1iw?t_!1?±1t4islJa?11 ;!r.2
94% Washington Syuare Ball Phone. [phone] One
Washington, AC- 27889 FAX [phone] N© Il?Carofiiia
Ar Equaf 099MnAytAffim sM Aden Employer - 50% Regcledl$0% Past Consumer Paler af? fyall
Page 2 of 2
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,
aLA
Awl Al Ilodge!Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: 1:24,000 scale NE Goldsboro USGS topographic map, quadrangle
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
lean A. Allen, AC.F; 1361 B New Hope Rd., LaGrange, NC 28551
USACE, Washington Field Office - Attn: William Wescott
Filename 2010-OM

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