20090877 Ver 1_Buffer Determination_20090924

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September 24, 2009
DWQ Project # 2009-0877
Lenoir County
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NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H, Sullins
Director
Natural Resources
Dee Freeman
Secretary
Land Management Group
Attn: Paul Farley
PO Box 2522
Wilmington, NC 28402
Subject Property: Parrot Borrow Pit - Kinston, NC
UT to Falling Creek, Neuse River Basin (27-77; C; Sw, NSW; 030305)
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B .0233)
Dear Mr. Farley:
On September 9, 2009, at your request I conducted an on-site determination to review a
drainage feature located on the subject property for applicability to the Neuse Buffer
Rules (15A NCAC 2B .0233). The feature is labeled as "2009-0877" on the attached
map initialed by me on September 24, 2009. The project is located on the north side of
US HWY 70, approximately 0.4 miles west of the intersection of US HWY 70 and SR
1546 (Banks School Road), west of the city of Kinston, NC.
At your request, I conducted an on-site determination as stated above. During my review
we evaluated the stream using the DWQ Stream Classification Form. We evaluated the
stream reach at the point marked by a point labeled "2009-0877" on the attached map,
and calculated the score to be 22.5 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 portion of the
surface water highlighted in blue and labeled as "2009-0877" on the attached map is
at least intermittent and is SUBJECT to the Neuse Buffer Rule. The portion of the
feature highlighted in pink on the attached map is considered to be a man-made
feature that ties into the modified portion of the intermittent stream, and is NOT
SUBJECT to the Neuse Buffer Rule. This feature and its associated buffers should be
North Carolina Division of Water Quality Internet: www.ncwaterqualitv.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
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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 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].
S' ncereI ,
Al odge upervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: 1:24,000 scale USGS topographic map, Falling Creek quadrangle
cc: DWQ 401 Oversight/Express Unit
USACE - Washington Field Office - Emily Jernigan
NCDOT, Division 4-Chad Coggins, 509 Ward Blvd., PO Box 3165, Wilson, NC 27895
DWQ 401 Oversight/Express Unit - Transportation Unit - Sonia Gregory
WaRO File Copy
Filename: 2009-0877
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