20051656 Ver 1_Complete File_20070825

AJ?LA.
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
August 31, 2005
DWQ EXP# 20051656
#7003 3110 0002 0608 5460
Lenoir County
Stocks Engineering, P.A.
Attn: Kevin Varnell
PO Box 1108
Nashville, NC 27856
Subject Property: Smithfield Foods Packaging Facility
UT to Falling Creek, Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B.0233)-EXPRESS REVIEW PROGRAM
Dear Mr. Varnell:
On August 29, 2005, at your request Kyle Barnes of the Division of Water Quality Washington Regional
Office conducted an on-site determination to review two (2) stream features located on the subject
property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are indicated
on the attached map and are labeled as "A" and "B". The map was initialed by Mr. Barnes on August 31,
2005.
The Division of Water Quality (DWQ) has determined that the feature labeled as "A" on the
attached maps is Exempt to the Neuse Buffer Rules. The Division of Water Quality (DWQ) has
determined that the feature labeled as "B" is exempt from the confluence of "A" downstream five
hundred (500) feet. At this point, labeled as 05-1656 on the map, stream "B" becomes Subject to the
Neuse River Riparian Buffer Rules, 15A NCAC 2B .0233. These features were evaluated for the
portion that exists on the subject property and the ruling pertains only to those segments. 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 Wetlands/401 Unit, 2321 Crabtree Blvd., 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.
7
- _M
KLEMti t
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] FAX [phone]
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 further questions you may contact Kyle Barnes at 252-948-3917.
Sincerely,
Al Hodge/ cgiona Supervisor
Washington Regional Office
Division of Water Quality
Attachments: USGS Topological Survey Map
cc: DWQ Central Regional Office
Vrile Copy
Central Files
Filename: 20051656
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Copyright (C) 1998, Maptech, Inc
INITIAL INTEREST IN PARTICIPATION IN THE EXPRESS REVIEW PROGRAM
WITHIN THE 401 OVERSITE/EXPRESS PERMITTING UNIT
This form must be submitted via email (c/o Iyn.Hardlson(cDncmail.not or Kyle.barnesOncmail.net), faxed (252-946-9215), mailed or hand-
delivered to the NCDENR Washington Regional Office, 943 Washington Square Mail, Washington, NC 27889 or to the Raleigh office via email
(c/o 401express0mcmall.net), faxed (919-733-6893) or hand-delivered to the Parkview Building, 2321 Crabtree Blvd., Raleigh, NC 27604.
Applicants who are selected to participate in the Express Review Program will be notified via email or fax within 2 days. Successful applicants
will then be Instructed regarding detailed procedures for full application (Please Note: Submittals of the review packages on Friday after 12:00
pm will be stamped as received on the next business day).
Applicant Name: Stocks Engineering P.A.
Applicant Address: PO Box 1108, Nashville NC 27856
Applicant's phone number: [phone]
Fax number: [phone]
Applicant's email address: kvamellODstocksengineering com
Consultant Name (if applicable):
Same as Above
Consultant address (if applicable):
Consultant's phone number.
Fax number.
Consultant's email address:
Type of action requested under the Express Review Program (check all that apply):
? 401 Water Quality Certification
? Isolated Wetland Permit
? Riparian Buffer Approval
? Stream Origin Determination
# of Determinations Requested
0 intermittent/Perennial Determination
? Stormwater Management Plan 1 # of Determinations Requested
? Mitigation Plan
13 stream ? Wetland [3 Buffers (check all appropriate)
Name of Project: Smithfield Foods Packaging Facility County: Lenoir
Total project acreage: +/-87 (acres) Total built out impervious area: +/-15 (acres)
Nearest named stream (from USGS topo map):
Project is located in Neuse River Basin (ex. Neuse, Pamlico etc.)
Please provide a brief description of this project (attach site plan if available):
Erosion Control Plan is Attached
DWQ/401 Express
September 1, 2004 Version 3
Revised WaRO August 1, 2005 V.4
Are you aware of any local controversy concerning this project? If so, please describe the controversy and any
measures that have been taken with respect to public involvement.
This plant is expected to provide several hundred mobs to the residents of Kinston, NC and a much needed tax
revenue for the City. Therefore there are political reasons to expedite this process. We are not aware at the time
of this letter of any controversies regarding this project. Smithfield Foods is committed to providing a facility that is
aesthetically pleasing to the local community as well as environmentally friendly.
DWQ/401 Express
September 1, 2004 Version 3
Revised WaRO August 1, 2005 V.4
Please attach a map of site location using USGS 1:24,000 map and county soil survey. Maps are attached.
Location of project site - please include reference to the county, nearest name town and highway number:
From the intersection of Hwy 258 and Hwy 70 in Kinston North Carolina in Lenoir County, go 0.4 miles West on
Hwy 70 Turn right onto Hill Farm Road Go 0.55 miles and turn left onto Parrott-Dickerson Road. Go 0.5 miles
and site is located on the left.
Proposed impacts: Buffer Impacts.
Acres of 404 wetlands: N/A
Acres of isolated wetlands:
Linear feet of streams:
Linear feet of isolated streams:
Square feet of protected stream buffers:
Has consultant or applicant attended any DWQ-sponsored training sessions in the past two years? If so, please
list which ones. N/A
Has any DWQ staff visited the site? NO , If yes, please provide DWQ staff name,
and date of visit:
Which other environmental permits from other agencies will be needed for this project? Please list the permits and
issuing agencies below: Erosion and Sedimentation Control Plan (NCDENR)
Does this project require approval under the State Environmental Policy Act or National Environmental Policy Act?
? Yes ® No
Is this project an After-the-fact application or has this project received a previous Notice of Violation from DWQ
and/or a letter of disapproval from Division of Land Resources through a Sedimentation & Erosion Control Plan.
® Yes ? No if yes, please explain: The violation was noted under the Sedimentation and Erosion
Control process. When construction begin the site was disked using standard farming practices to knock down
weeds for an initial stakeout. The disturbance went from ditchbank to stream bank, which in result is a disturbance
of the 50 Neuse Riparian Buffer. This violation was noticed through an Erosion and Sedimentation Control
Inspection and NCDENR has halted the amended Erosion and Sedimentation Control Plan approval until this
matter has been cleared through DWQ.
Does this project require approval of a Variance from the NC Environmental Management Commission?
? Yes ® No
DWQ/401 Express 2
September 1, 2004 Version 3
Revised WaRO August 1, 2005 V.4
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Impact3 Mili? atton Fe€ ? AfIlation Events Inspections Camm, rd ! History
Dct7il51 De130s2 _ Prnnit3,andCetla CrossRet3... f
ProjectfJumber. 20051656 Version: t Status: Rec eived Las1ActionDesc: Fee Received Save
Project Name: Smithfield Foo ds Packaging Plant Project Type: Sire amJSuffer Delermination PrimaryCounty: Johnston
------.-'Event Type_ EventDatel_DueDatef__ _Category ___-__comment _ Last _Update..LastV
Project Accepted 0812912005 1 setup via Kyle's email req. Iaurie.dennl...091010
Fee _ kyle Darnes 101181:
Stream C
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-- e.barnes X101181:
Approval
etter
sent 08!3
!2005
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BIMS #'s for Express stream call /0-
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Subject: BIMS #'s for Express stream call
From: Kyle Barnes <[e-mail]> (? Q
Date: Mon, 29 Aug 2005 17:14:53 -0400 C? \
To: Laurie Dennison <Laurie.j.dennison@ncmail. net>
Laurie,
I need BIMS #'s for these calls:
Project name: Smithfield Foods Packaging Plant (?
1 call in Lenoir Co. for;
Stoks Engineering, P.A.
PO Box 1108 lp
Nashville, NC 27856
1 call Pitt Co. for:
The project name is Harrelson & Smith Landfill
Harrelson & Smith Contractors
Attn: Kenneth Smith
1588 NC 102 east
Ayden, NC 28513
4 calls in Pitt Co. for:
project name: Hunter's Run
Kenneth Smith
1588 NC 102 east
Ayden, NC 28513
I can fill the information after the number has been created.
Thanks
Kyle
\C'
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