20160470 Ver 1_Buffer Determination_20160607

Water Resources
ENVIRONMENTAL OUALITY
June 7, 2016
City of Kinston
Attn: Mr. Tony Sear, City Manager
207 East King Street
Kinston, NC 28502
Subject Property: Old Kinston Landfill
UTs to Neuse River, Neuse River Basin
PAT MCCRORY
Oovenrnr
DONALD R. VAN DER VAART
.Secretary
S. JAY ZIMMERMAN
Director
DWR # 16-0470
Lenoir County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Sears:
On June 6, 2016, at your request of Ben Wilson with ATC/Cardno, Inc., Anthony Scarbraugh conducted on-
site determinations to review unnamed tributaries (UTs) to Neuse River located on the subject property
for applicability to the Neuse Buffer Rules (15A NCAC 213 .0233). The features are labeled as "16-0470 A
and 16-470 B" on the attached map(s) initialed by Mr. Scarbraugh on June 7, 2016. The project is located
at the southern end of South Davis Street in Kinston, Lenoir County.
At your request, he conducted on-site determinations as stated above. During their review, he evaluated
the streams using the Division of Water Resources (DWR) Stream Classification Form. He evaluated the
stream reach "16-0470 A" at N 35.24608, W 77.57003 and calculated the score to be 24 points. He
evaluated the stream reach "16-0470 B" at N 35.25160, W 77.57462 and calculated the score to be 28.75
points. The form states that if the score is "greater than or equal to 19 points the stream is at least
intermittent.
The DWR has determined that portions of features labeled as "16-0470 A and 16-0470 B" on the
attached map(s), and highlighted in blue are subject to the Neuse Buffer Rules. The DWR has
determined that portion of feature labeled as "16-0470 A" on the attached map(s), and highlighted in
red is not subject to the Neuse Buffer Rules. The features 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.
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. 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
State of North Carolina Environmental Quality 1 Water Resources —Water Quality Regional Operations—Washington Regional ice
943 Washington Square Mail, Washington, NC 27889
252-946-6481

City of Kinston
Attn: Mr. Tony Sears, City Manager
Stream Determination
Page 2 of 2
to the Director in writing c/o Karen Higgins, DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center,
Raleigh, NC 27699-1650. 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 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 Anthony
Scarbraugh in the Washington Regional Office at [phone].
Sincerely,
94X i
nt
Robert Tankard, Assis Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Rivermont"
cc: Laserfiche
File Copy
Ben Wilson, P.E., ATC/Cardno (email: [e-mail])
Filename 16-0470

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