20110113 Ver 1_Buffer Determination_20110404

A *A
KDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 4, 2011
DWQ Project # 2011-0113
Lenoir County
Bobby Ham
Greene Environmental Services, LLC
90 Ham Produce Road
Snow Hill, NC 28580
Subject Property: LaGrange/MHBP Riparian Buffer (mitigation bank)
UT to Meeting House Branch
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B.0233)
Dear Mr. Ham:
On March 3, 2011, 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 "2011-0113" on the attached map
initialed by me on April 4, 2011. The project is located on the east side of NC HWY 903,
approximately 0.2 miles south of the intersection of NC HWY 903 and Old Jason Road
(SR 1501), north of the community of La Grange, NC.
At your request, I conducted an on-site determination as stated above. During my review
I evaluated the stream using the DWQ Stream Classification Form. I evaluated the
stream reach at the uppermost end of the project area and calculated the score to be 19.25
points. The form states that if the score is "greater than or equal to 19 points the stream is
at least intermittent".
The Division of Water Quality (DWQ) has determined that the surface water
labeled as "2011-0113" on the attached map is at least intermittent and is 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
North Carolina Division of Water Quality Internet www.ncwatcroualitv.ore
943 Washington Square Mall Phone: [phone] ?TOne
Washington, NC 27889 FAX [phone] No hCarolina
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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 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,
u" 0 JL,4?,
Chris Pullinger
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: copy of 1:24,000 scale USGS topographic map, La Grange quadrangle
cc: DWQ 401 Oversight/Express Unit - Attn: Lia Gilleski
WaRO File Copy
David Knowles; 2813 Jefferson Dr.; Greenville, NC 27858
Filenamc: 2011-0113

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