20100481 Ver 1_Buffer Determination_20100621

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MRSIR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
June 21, 2010
The East Group
Mrs. Michelle Clements
324 Evans Street
Greenville, NC 27858
Dee Freeman
Secretary
DWQ EXP# 10-0481
f,enoir County
Subject Property: Woodmen Foundation Community Center, Former Smithfield Packing Plant
Drainage to Neuse River, Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
2B.0233)-EXPRESS REVIEW PROGRAM
Dear furs. Clements:
On June 17, 2010, 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 (I 5A NCAC 2B.0233). The feature is labeled as "10-0481A to l 0-
041813" on the attached maps initialed by me on June 21, 2010.
The Division of Water Quality (DWQ) has determined that the feature labeled as "10-0U1A to 10-048111" on the
attached maps, and highlighted in blue., is subject to the Neuse Buffer Rules. The subject feature starts (N 35°
16.117', W 77° 37.100') at the outlet of culvert that crosses under West Vernon Avenue and continues down stream 340
feet to the inlet of a second culvert (N 35° 16.086', W 77' 37.181') . The subject feature re-emerges from the culvert on
the west side of the existing building and flows into the Neuse River. The length of stream from the Neuse River to the
outlet of culvert crossing under West Vernon Avenue is considered subject to the Neuse Riparian Buffer Rules (see
enclosed maps). 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
North Carolina QNis& vl Vfater Qw1dy
943 WashvVtm Square Mal
WasheghDn, NC 27M
Phone: 252-94&W1 1 FAX [phone]
Internet: wwx nmatenquality.orq

?ne hCarolina
Naturally
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 1508 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 Roberto Scheller in the Washington Regional Office at (252) 948-
3940.
Sincerely,
For C?o4cen H. Sullins
Attachments: Lenoir County Soil Survey map
U'SGS Kinston Quad map
Goggle Earth map
cc: DWQ 401/Wetland Express Unit
File Copy
Filcnamc 10-0481
North Garoiiri,i ttl'i;svr";rilcs1 31
Management Commission
DMsian of Water Qualty
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SHEET NUMBER 15
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Name: KINSTON
Date: 612112010
Scate_ 1 inch equals 1000 feet
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Location: 035° 16'08.27" N 077° 37' 10.89" W
Caption- Woodmen Foundation Community Center
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