20110144 Ver 1_Buffer Determination_20110224

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 24, 2011
Best Sand & Gravel, Inc.
Attn: Thomas G. Best
2390 NC HWY 111 S
Goldsboro, NC 27534
Subject Property: Best Recycle Yard
UT to Stony Creek, Neuse River Basin
DWQ Project # 2011-0144
Wayne County
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B.0233)
Dear Mr. Best:
On June 1, 2010, 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 project area is labeled as "2011-0144" on the attached map
initialed by me on February 24, 2011. The project is located on the south side of South
Slocumb St., approximately 0.3 miles east of the intersection of SR 1920 and Westbrook
Road (SR 1919)
The Division of Water Quality (DWQ) has determined that the surface waters
circled, highlighted in blue, and labeled as 112011-0144" on the attached map are at
least intermittent and are SUBJECT to the Neuse Buffer Rule. The portions of the
features highlighted in pink are NOT SUBJECT to the Neuse Buffer Rule. The point
where the feature becomes intermittent has been flagged on the ground. 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 Local Authority that a surface water exists and that it is subject to the buffer
North Carolina Division of Water Quality Intemet www,ncwaterauali .org
943 Washington Square Mall Phone: [phone] ?TOne
Washington, NC 27889 FAX [phone] No hCarolina
An Equal opportunitylAifirmaiive Action Employer- 50% Recydedl10% Post Consumer Paper Awmally
Page 2 of 2
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
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 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 me at [phone].
Sincerely,

Chris Pullinger
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: portion of page 25, 1974 version of the Wayne County Soil Survey
copy of 1:24,000 scale USGS topographic map, SE Goldsboro quadrangle
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
USACE - Washington Field Office - Attn: William Wescott
WaRO DLR
Filename: 2011-0144
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