20110544 Ver 1_Buffer Determination_20110727

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director Secretary
July 27, 2011
DWQ # 11-0544
Greene County
Mr. Walker Killinger
1215 W New Bern Road
Kinston, NC 28504
Subject Property: Killinger Property, off Warrentown Road (SR 1149)
Jacks Fork Creek, Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233)
Dear Mr. Killinger:
On July 22, 2011, Roberto Scheller of this Office conducted an on-site stream determination of the subject
feature for applicability to the Neuse River Buffer Rules (15A NCAC 2B.0233). The feature is labeled as "11-
0544" on the attached maps and initialed by me on July 22, 2011 and serves as a written record for your files.
The Division of Water Quality (DWQ) has determined that the feature labeled as 1111-0544" on the attached maps,
and highlighted in blue is subject to the Neuse River Riparian Buffer Rules.
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 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.
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: [phone] FAX: [phone]
Internet: www.ncwaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
naturally
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.
i cer ly?
For C lee H. u ins
Attachments: Greene County Soil Survey map
USGS Snow Hill Quad map
cc: DWQ 401/Wetland Express Unit
File Copy
Filename 11-0544
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