20051657 Ver 1_Complete File_20070825

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NCDENR
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
September 2, 2005
DWQ EXP# 20051658
#7003 3110 0002 0608 5484
Pitt County
Soil and Environmental Consultants, PA
Attn: Jason Payne
11010 Raven Ridge Road
Raleigh, NC 27614
Subject Property: Hunter's Run
Kenneth Smith
UT to Fork Swamp, Neuse River Basin
SEF g 2005
DEtlR allALITY !CN
YdET1? 1lGS FdlO STG"..,dh
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B.0233)-EXPRESS REVIEW PROGRAM
Dear Mr. Payne:
On September 1, 2005, at your request Kyle Barnes of the Division of Water Quality (DWQ) Washington
Regional Office conducted an on-site determination to review four stream features located on the subject
property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as
"A, B, C and D" on the attached maps initialed by Mr. Barnes on September 2, 2005.
The feature was located east of the town of Ayden, NC on the north side of State Road 102 and east of SR
1724. The features appear on the 1/24000 scale USGS topological map and the Pitt County Soil Survey.
The Division of Water Quality (DWQ) has determined that the feature labeled as "A" on the
attached maps is Subiect to the Neuse Buffer Rule. The feature labeled as "B" does not exist on
ground and is Exempt to the Neuse Buffer Rule. The feature labeled as "D" is Exempt to the Neuse
Buffer Rules for the field portion of the property. The feature labeled as "C" is Subiect to the Neuse
Buffer Rules for the portion from its confluence with feature "A" upstream 210 feet. A DWQ flag
was hung at the point labeled as 05-1658 on the attached map. This decision only pertains to the
features on the subject 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 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.
SNIT
NCU
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] FAQ{ [phone]
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 further questions you may contact Kyle Bames at 252-948-3917.
Sincerely,
Al Ho ge egio2 u i
Washington Regional Office
Division of Water Quality
Attachments: USGS Topological Survey
cc: ?D Q Central Regional Office
File Copy
Central Files
Filename: 2005MB

Project Number: 20051657 Version: 1 Status: 'Issued Last ActionDesc: Projectissued
'Project Name: Harrelson & Smith Landfill 'Project Type: 18lream/BuNer Determination
Project Desc:
'Owner: Smith, Kenneth Details...
'Received From: Applicant COE ID: 'Primary County: Pitt
DOT TIP: •AdmlnRegiore !Washington
Received DI: 0910112005 Reviewer: Ikyle.barnes
Issued DI. 0 9/0 212 0 0 5
'SecondaryCounly_.-__
-
_
Statutory DI: l
CAMA NEPA/ SEPA Received DC
DCM OMce: SW Plan Received Dt:
COE Ortlce: ngton Regulatory Field Office SW Plan Approved DC Public Notice Published Dt: !
Last Updated Sy.. laurie.dennison SW Plan Locatlon: Public Notice Received Dt:
Last Updated On: 0910112005 Sewage Disposal: P.N. Comment Period Ends Dt:
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?tbacts I Mltlgations i Fees AMIlatlons 1 Events I Inspections Comments History
Mallet Detalls2 ( Permits and Carts
Project Number. 20051057 Version?.I Status. Accepted Last Action Desc:(Projeet Accepted gave
Project Name: Harrelson & Smith Landfill Project Type: 'Stream/Buffer Determination Primary County: Pitt
"Event Type Event Date ? Due Date Category r Comment Last Updai Last
Project Accepted _ 0012912005 set up per Kyle's email re_ q... laurie denni 09!01!'
I
Add

BIMS #'s for Express stream call
1 of 1
Subject: BIMS #'s for Express stream call
From: Kyle Barnes <[e-mail]>
Date: Mon, 29 Aug 2005 17:14:53 -0400
To: Laurie Dennison <[e-mail]>
Laurie,
I need BIMS #'s for these calls:
Project name: Smithfield Foods Packaging Plant 0
1 call in Lenoir Co. for; ?? ©S.
Stoks Engineering, P.A. `f
PO Box 1108 6
Nashville, NC 27856
1 call Pitt Co. for:
The project name is Harrelson &
Harrelson & Smith Contractors
Attn: Kenneth Smith
1588 NC 102 east
Ayden, NC 28513
--------------
Smith Landfill
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
4
/a-
'b.
o
9/1/2005 8:50 AM
LACER
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
September 2, 2005
DWQ EXP# 20051657
#7003 3110 0002 0608 5477
Pitt County
Soil and Environmental Consultants, PA
Attn: Jason Payne
11010 Raven Ridge Road
Raleigh, NC 27614
205
Subject Property: Harrelson and Smith Landfill
Pond on subject property
UT to Swift Cr, 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. Payne:
On September 1, 2005, at your request Kyle Barnes of the Division of Water Quality (DWQ) Washington
Regional Office conducted an on-site determination to review a stream feature located on the subject
property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as
"A" on the attached maps initialed by Mr. Barnes on September 2, 2005.
The feature was located east of the town of Ayden, NC on the south side of State Road 102. The feature
appeared as an in-stream pond on the 1/24000 scale USGS topological map. The Division of Water
Quality (DWQ) has determined that the feature labeled as "05-1657" on the attached maps is
Exempt to the Neuse Buffer Rule. This feature was evaluated and determined that there was no feature
on ground connecting the pond to any stream. This decision only pertains to the pond and no other feature
that may be present on the 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 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.
DWQ recommends that the applicant conduct this notification in order to be certain that third party
appeals are made in a timely manner.
AA
.dCbEN;i
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] FAX [phone]
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 eg na Supervisor
Washington Regional Office
Division of Water Quality
Attachments: USGS Topological Survey
cc: ,/WQ tattral Regional Office
File Copy
Central Files
Filename: 20051657