20080759 Ver 1_Buffer Determination_20080430

o?oF W a rFgQG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r- North Carolina Department of Environment and Natural Resources
0 Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
April 30, 2008
DWQ Project # 08-0759
D (? D Lenoir County
Chris Hay t5 LS IJ VV
313 Gallimore Dairy Road MAY 2 2008
Greensboro, NC 27409 DENR - WATER QUAUTY
WETLANDS AND STORMWATER BRANCH
Subject Property: Felix Harvey Property
Lenoir County, West of Hwy 11, North of NC 1747, and South of NC
1745
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233)
Dear Mr. Hay:
On July 20, 2007, at your request I conducted an on-site determination to review two stream
features located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC
213 .0233). The features are labeled as "08-0759" on the attached map initialed by me on April
30, 2008.
At your request, I conducted an on-site determination as stated above. During my review I
evaluated the stream using the DWQ Stream Classification Form. Two stream features appear on
the Lenoir County Soil Survey and one appears on the 1:24000 USGS Topographic Kinston
Quad map. I evaluated the stream reach at several points and calculated the score to be 19 points
in the location where I have hi lighted the stream as "Blue" on the attached maps. 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 hi lighted as
"Blue" on the attached map is Subject to the Neuse Buffer Rule. The portion of the
features hi lighted in "Red" is Exempt of the Neuse Buffer Rule. The subject feature and it's
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 by the Director. A request for a determination by the Director shall be referred to
the Director in writing c/o Cyndi Karoly, DWQ, 401 Oversight/Express Review Permitting Unit,
2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604-2260. Individuals that dispute a
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCay?roli?/na
An Pniml Onnnrfiinifv/GfFrmnfivc Gr4inn Cmninvor-9;o Porvrlori/1 M4 Pnef r'.nnCllmorPonor . a ? atu ,7///1
Page 2 of 2
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. 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 me at [phone].
Sincerely,
b CJLA??
Kyle Barnes
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: 1:24000 USGS Quad
Lenoir County Soil Survey sheet
cc: DWQ 401 Oversight/Express Unit
File Copy
Central Files
Chris Roberts, AIA, LEED AP, LS3P ASSOCIATES LTD.
434 Fayetteville Street, Suite 1700, Raleigh, NC 27601
Filename: 08-0759
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