20150573 Ver 1_Buffer Determination_20150701

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Jeff Fordham
227 East Walnut Street
Goldsboro, NC 27530
Subject Property:
July 1, 2015
Fordham Site
UT to Jericho Run, Neuse River Basin
Donald R. van der Vaart
Secretary
D W Q # 15 -0573
Lenoir County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Fordham:
On June 3, 2015, at request your consultant Mr. Paul Pascarosa of Headwater Environmental, Inc., Anthony
Scarbraugh conducted on -site determination to review unnamed tributary (UTs) to Jericho Run located on
the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled
as "15- 0573" on the attached map(s) initialed by Mr. Scarbraugh on July 1, 2015. The subject property is
located at 1000 Cunningham Road near Town of Kinston, Lenoir County.
At your request, Mr. Scarbraugh conducted on -site determination as stated above. During his review, he
evaluated the stream using the DWR Stream Classification Form.
Feature Not
Subject to
Buffers
15 -0573 X
15 -0573
• E /I /P — Ephemera
Subject E /I /P* Start@ Stop@
to
Buffers
E (Ditch) @ Flag 15 -0573 Begin @ Flag 15 -0573 E/I
X 1) @ Flag 15 -0573 E/I @ Flag 15 -0573 End
I /Intermittent /Pe ren n i a l
The Division of Water Resources (DWR) has determined that a portion of feature labeled as "15- 0573" on
the attached map(s), and highlighted in blue is not subject to the Neuse Buffer Rules. The portion of the
feature labeled as "15- 0573" and highlighted in red and circled on the attached map(s), is not subject to
the Neuse Buffer Rules. The feature and the associated buffers should be identified on any future plans for
this property. The owner (or future owners) should notify the DWR (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.
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252 - 946 -64811 Fax: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper

Jeff Fordham
Stream Determination
Page 2 of 2
Landowners or affected parties that dispute a determination made by the DWR 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
Karen Higgins, DWR 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699 -1617.
Individuals that dispute a determination by the DWR 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.
DWR 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
1508 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 Anthony Scarbraugh in the
Washington Regional Office at (252) 948 -3924.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachment: USGS Topographic 1:24,000 Quadrangle Map "Kinston"
copy of sheet 11, 1977 version of Lenoir County Soil Survey
cc: Laserfiche
File Copy
Paul Pascarosa, Pilot Environmental, Inc. (via e-mail)
Filename 15 -0573

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