20120623 Ver 1_Buffer Determination_20120717

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild Dee Freeman
Governor Director Secretary
July 17 2012
DWQ Project # 12 0623
Lenoir County
City of Kinston Public Services
Attn Steve Miller
2360 Hwy 258 S
Kinston NC 28504
Subject Property Industrial Park Pump Station Force Main Alignment
Neuse River Basin
On Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
2B 0233)
Dear Mr Miller
On July 16 2012 at your request I conducted an on site determination to review multiple blue line
features located along the proposed alignment for a new force main for applicability to the Neuse River
Buffer Rules (15A NCAC 2B 0233) The features are labeled as A M on the attached map initialed by
me on July 17 2012 The project is located at between Parrott Dickerson Road and Hwy 258 on the
west and between Hwy 258 and Hull road on the east
During my review I evaluated the stream reaches using the DWQ Stream Classification Form I evaluated
the stream reach K and M and calculated the score to be 20 points and 30 points respectively 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 K and M' and
highlighted in BLUE on the attached map is at least intermittent and is SUBJECT to the Neuse Buffer
Rule Features labeled as A I and J L are highlighted in RED and are NOT SUBJECT These features and
any 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 rule may request a determination
North Carolina Division of Water Quality Intemet www ncwaterquahty org
943 Washington Square Mall Phone [phone] �TOne
Washington NC 27889 FAX [phone]� hCarrohna
An Equal Opportunity/Affirmative Action Employer— 50/6 Recycled110 h Post Consumer Paper atul al!

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by the Director A request for a determination by the Director shall be referred to the Director in writing
c/o Karen Higgins DWQ, Wetlands Buffers Stormwater Compliance and Permitting Unit (WBSCP) Mail
Service Center Raleigh NC 27699 1650 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 Amy Adams
at [phone]
Sincerely
Al Ho ge Superviso -
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures Stream Call Applicability Maps (topo and soils versions)
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t
cc DWQ 401 Oversight /Express Unit
WaRO File Copy
r Crystal Penton The Wooten Company 120 N Boylan Ave Raleigh NC 27604
Filename 12 0623 IndParkForceMain Kinston_Buffer /aa

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