20072209 Ver 1_Buffer Determination_20081105

0[
�k dhmii 0 RosOr,1,"rdary
7 \orflii.'arofina 0,parirrwn;os f nwannwill and NaLural R ,tU%C,
Coieen H Suilins,Director
Division of Water Quality
Chuck Wakdd,RE.,Deputy Dmector
Divisor of Water Quality
November 5. 2008
DWQ Proliect ;1 2007-2209
Craven Count,
Page I ol'2
Andrew Purifoy..Jr.
5591 NC I IWY 118
Grifton, NC 28530
Subject Property: Carolina Stone, LLC(Fort Barnwell Mine), Fort Barnwell, NC
Ul'to Neuse River, Neuse River Basin (03-04-05, C. S%N: NSNN7: 27-85)
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233)
Dear Mr. Purifoy:
At your request I conducted an on-site determination to review features located oil the subject
property for applicability to the Neuse Buffer Rules (15A NCAC 213 .0233). The features are
labeled as­2007-2209- on the attached map initialed by me on November 5. 2008.
The Division of Water Quality (DWQ) has determined that the portion of the surface water
that is highlighted in pink and labeled as "2007-2209" on the attached map is Exempt from
the Neuse Buffer Rule. These features and their associated buffers should be identitied on any
future plans for this property. The o\Amer(or future ow-nerd should notify the D\VQ (and other
relevant agencies)of this decision in any future correspondences concerning this property. '['his
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 D\VQ 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. D\VQ. 401 Oversi ght,,T.x press Review Permitting 1--nil.
2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604-2260. Individuals that dispute -a
determination by the DXVQ or Delegated Local Authority that -exempts- a surface water 1roin
the buffer rule may ask for an u4judicatory hearing. You must act within 60 days of the date that
,.ou 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 tc1 be
certain that third party appeals are made in a timely manner. To ask I'or a hcaring.. send a written
petition. which conforms to Chapter 15013 of the North Carolina General Statutes to the Oftice of
443 A a.,1ingiotl Square\ILIJI llhoiw 252=946-6481 011e
FAX 2i2-k;4o,-921 i NorthCarofina
An Equai OppiunoiAtfirritative Acton Employer—50%Recyc a 101%Ror.Consurrw Paper Naturally

Carolina Stone- Fon Barnwell %-tine
Page
November 5.2008
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(252) 94$-3920.
Sincerely,
Chris Pullinger•'Gnvironrnental Specialist
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: copy of 1:24.000 scale L'SGS Topographic Survey map. Fort Barnwell quad
cc: UWQ 401 Oversight/Express Unit
WaRO File Copy
Michael Rice,Robert M.Chiles PE.417-A Broad St.,PO Box )496,New Bern,NC: 28564-3496

4 �
lie
a.. .__..._.
"a
iF
n '•
0
m
V
J
• A m �
4