20090010 Ver 4_Buffer Determination_20100607

WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
June 7, 2010
DWQ Project# 2009-0010 v4
Lenoir County
EBX-Neuse, LLC
Attn: Burt Rudolph
10055 Red Run Blvd
Owings Mill, MD 21117
Subject Property: Sanderson Farms - Liu Site
U'r to Heath Branch, Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B .0233)
Dear Mr. Ingram:
On April , 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 213 .0233). The features are labeled as"2009-0010 v4"on the attached map
initialed by me on June 7,2010. The project is located on the east side of British Road
(SR 1803), approximately 3.7 miles north of the intersection of British Road and US
HWY 70.
The Division of Water Quality(DWQ) has determined that the surface waters
labeled as "2009-0010 v4" on the attached map are man-made and are NOT
SUBJECT to the Neuse Buffer Rule. These features and their 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 I..ocal 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.ncwaterouality ory,
943 Washington Square Mall Phone: [phone] One
Washington,NC 27889 FAX [phone] N hCarolina
An Equal Opportunity/Affirmative Action Employer—Wlo Recyded/l0%Post consumer Paper ;Vatmall

Page 2 of 2
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 150E 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,
for-Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: copy of 1:24,000 scale USGS topographic map, Grifton quadrangle
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
W. K. Dickson; Attn: Daniel Ingram; 720 Corporate Center Dr.; Raleigh,NC 27607
Filename: 2009-0010 vA

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