20081818 Ver 1_Buffer Determination_20090406

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality91i
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 6, 2009
DWQ Project# 2008-1818
Lenoir County
King's Grant of Kinston, LLC
c/o H. Frank Brooks, Managing Partner
Cypress Glen W214
100 Hickory Street
Greenville,NC 27858
Subject Property: Proposed agricultural pond;, NC
Running Branch, Neuse River Basin;
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B .0233)
Dear Mr. Brooks:
On March 31, 2009, at your request I conducted an on-site determination to review a
feature located on the subject property for applicability to the Neuse Buffer Rules (15A
NCAC 2B .0233). The subject area is labeled as "2008-1818" on the attached map
initialed by me on April 6, 2009. The project is located on the west side of SR 1120
(Verdie Nobles Road), approximately 0.3 miles north of the intersection of SR 1120 and
SR 1116 (Jonestown Road), near the community of Jonestown, NC.
The Division of Water Quality (DWQ) has determined that the surface water
circled, highlighted in blue, and labeled as "2008-1818" on the attached map is
SUBJECT to the Neuse Buffer Rule. This surface water 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
North Carolina Division of Water Quality Internet: www.newaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington,NC 27889 FAX [phone] NorthCuohna
An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper naturally

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Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh,NC
27604-2260. Individuals that dispute a 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 me at [phone].
Sincerely,
Chris Pullinger
Enclosures: 1:24,000 scale USGS topographic map, Pink Hill quadrangle
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
USACE, Washington Field Office
Filename: 2008-1818

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