20081763 Ver 1_Buffer Determination_20081208

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
December 8, 2008
Electrolux Home Products, Inc.
Mr. Mike Brown
4850 West Vernon Avenue
Kinston, NC 28504
Subject Property: Electrolux Site Improvements US Hwy. 70
UT to Falling Creek, Neuse River Basin
DWQ EXP# 08-1763
Lenoir County
DEC 1 0 2008
DENR. WATER QUAi-ITY
WETIANOS AND STORMWATER BRANCH
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B.0233)-EXPRESS REVIEW PROGRAM
Dear Mr. Brown:
On December 4, 2008, at your request I conducted an on-site determination to review drainage feature
located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The
feature is labeled as "08-1763A and 08-1763B" on the attached maps initialed by me on December 4,
2008.
The Division of Water Quality (DWQ) has determined that the feature labeled as "08-1763A and
08-1763B" on the attached maps and highlighted in red is not 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.
Please note that the drainage features reviewed did not rate as an intermittent or perennial stream.
However, the subject features did have characteristics of linear 404 lands. It is therefore recommended
that the US Army Corp of Engineers be contacted and a wetland evaluation made before any construction
begins.
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 Domey, 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.
401 Oversight/ Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
Nose Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10%a Post Consumer Paper
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 questions, please telephone Roberto Scheller of the Washington Regional Office at
252-948-3940 or Amy Chapman of the 401 Oversight/Express Unit at 919-715-6823.
SincL.u For C eAttachm
ents: Lenoir County Soil Survey map
USGS Falling Creek Quad map
Google Earth map
cc: Michelle Clements, The East Group, P.A.
Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
DWQ Regional Office
File Copy
Filename 08-1763
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