20081828 Ver 1_Buffer Determination_20081229

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
December 29, 2008
DWQ Project # 2008-1828
Lenoir County
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Gary Saul
Kinston Medical Specialists, PA
701 Doctors Drive, Suite N
Kinston, NC 28501
Subject Property: Kinston Medical Specialists; Kinston, NC
UT to Briery Run, Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233)
Dear Mr. Saul:
On December 29, 2008, at your request I conducted an on-site determination to review 2 features
located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B
.0233). The features are labeled as "2008-1828" on the attached map initialed by me on
December 29, 2008. The property is located on the northeast side of Airport Road (SR 1578),
approximately 0.6 miles north of North Queen Street (NC HWY 58), near Kinston, NC.
During a site visit with Chris Paderick of Matrix East, PLLC, I conducted an on-site
determination. During my review I evaluated the stream using the DWQ Stream Classification
Form. I evaluated each stream reach, and calculated the scores to be 2.5 (feature "A") and 7.5
(feature "B") points. 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 waters labeled as
"2008-1828" on the attached map are ephemeral and are EXEMPT from the Neuse Buffer
Rule. These features and its 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]
Washington, NC 27889 FAX [phone]
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Date
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. If you have any additional questions or require additional information
please call Chris Pullinger at [phone].
Sincerely,
Chris Pullinger
Environmental Specialist
NCDWQ-Washington Regional Office
Enclosures: copy of page 11, 1977 version of the Lenoir County Soil Survey
cc: DWQ 401 Oversight/Express Unit
Chris Paderick; Matrix East, PLLC; 906 N. Queen St., Suite A; Kinston, NC 28501
WaRO File Copy
Filename: 2008-1828

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