20071324 Ver 1_Buffer Determination_20070806

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Cazolina Department of Environment and Natural Resources
a ,
N,.
AI)C,, :~ ZUU7
Mr. Kevin Yarnell
Post Office Box 1108
Nashville, NC 27856
QEN~? ~ 9YATcR QUAL.iTY
YVETIANtJ,~ h~D STQ'i~~YATER BRANCH
Coleen H. Sullins, Director
Division of Water Quality
DWQ EXP# 07-1324
Lenoir County
__
__
Subject Property: Northwest of Lenoir Memorial hospital, off NCSR 1578
UT to Briery Branch, Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B .0233)-EXPRESS REVIEW PROGRAM
Dear Mr. Yarnell:
On August 1, 2007, at your request Iconducted an on-site determination to review drainage feature
located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The
feature is labeled as "07-1324 (a), (b) and (c)" on the attached maps initialed by me on August 3, 2007.
The Division of Water Quality (DWQ) has determined that the feature labeled as "07-1324 (a)", on
the attached maps, starting in drainage feature downstream of a neighboring stormwater pond and
proceeding northwest along the drainage feature to the intersection of drainages at the point
labeled as 07-1324 (b), and from a point labeled as 07-1324 (c) proceeding northeast along drainage
feature, parallel to farm field road, to point 07-1324 (b), as depicted on the attached maps are
Exempt from Buffer Rule. 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 Dorney, 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.
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.
4010versight 1 Express Review Permitting Unit
1650 Mail Service Center, Raleigh, NoRh Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/FAX[phone]ntemet: http://h2o.enr.state.nc.us/ncwetlands
None Caro na
~tura~y
An Equal OpportunitylAffirmativeRction Employer- 50% Recycled110% Post Consumer Paper

Mr. Kevin Yarnell
Page 2 of 2
August 6, 2007
If you have any additional questions or require additional information please call Roberto Scheller in the
Washington Regional Office at [phone] or Amy Chapman in the Raleigh Central Office at (919)
715-6823.
incerely,
Coleen H. Sullins
CHS/AH
Attachments: Lenoir County GIS map
USGS Kinston Quad map
cc: 401/Wetlands Central Office
File Copy
Central Files
Filename 07-1324

Untitled - 1
07-1324 (b) ~~ ~" ~:~, ..~_.~~...~. _._.~~.~..~ .._

-J - .,
_~ ~
M ~ - ./'„~o /: - . _ _ (forth „~roTtu,~~ironmerz~f '
' B ~ -'" .---'"r ~.../'~, . ~~, emert Commission • '
v . i yet"~ 9 E
~,
~• ~~ ~ .. Qivision Of Water Quality ~ ' °~.
- . ~ °- ' L For: ~ ct~4~ Besir~ BvS;u~
... ~ ..
..
~-~ ~ ~ ~ _
a
,.. ,` ~, _ . Y ~ ', ,:: , Reviewed by~~~.--.~.~.._.
i
"'t
i + j A>ti ~ •
`C ~ t
~ ~ 07-1324 (b) `P,,.~''~~ ~~~ _ _
r i 07-1324 (c) ~. ,~-' ~, \ ~ +
1 '
..
i ~M,...J ;-,
~~
+ ~
~ ~ ?3 '
~.• .
+ ~'~! 07-1324 (a)
.~
..-
N
Y ~ +~~ ~`
_ 1 ~ ~ ~ r
``
__
~,.~~ ~ ~
~ • ~ ..
.~ _
... ~Y ` ._
• • ~ `-~~
~: ~. _ ~~
11 ' ~ ~ GIiC '~
a ~ .,.-- , y' ~ ,
'/ ,~
9° W ~ _. ~ . .i ~•
Name: KINSTON Location: 035° 17' 47.10" N 077° 35' 04.35" W ~
Date: 8/6/2007 Caption: Stream Call Lenoir Crossing
Scale: 1 inch equals 1250 feet I