HomeMy WebLinkAboutLeon Shearin TractNCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 28, 2011 0 ? ^ IRa??
Brent Niemann rt?
Joyner Keeny, PLLC APR 1 4
Post Office Box 7533 2011
Rocky Mount, NC 27804 UENR-WATER QUALITY
WETLANDS AND STORMWATER BRANCH TBR 11-034
Nash sh County
BASIN:
? Neuse (15A NCAC 2B .0233) Z Tar-Pamlico (15A NCAC 2B .0259)
? Ephemeral/Intermittent/Perennial Determination ? Isolated Wetland Determination
Project Name: Leon Shearin Tract Batchelor Rd
Location/Directions: Subject property is a semi-developed tract of land located on Batchelor
Rd north and east of Sapony Creek crossing, Nash PIN 37191 1561878
Subject Stream: UT to and Sapony Creek
Date of Determination: Date
*E111P = Ephemeral/Intermittent/Perennial
Feature EA/P* Not Subject Start* Stop@ Stream Soil USCS
Subject Form Pts. Survey To o
A P X Throughout X
B P X Throughout X
C P X Throughout X X
(Sapony
Creek)
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Nash County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
'Not Subject' has been determined not to be a stream or is not present on the property. Features that are checked
.,Subject' have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality.
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 may request a determination by the
Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected
party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the
Director shall be referred to the Director in writing c/o Ian McMillan, DWQ Wetlands/401 Unit, 1650 Mail Service
Center, Raleigh NC 27699-1650. one
NorthCarotina
Naturally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628
Phone (919) 791-4200 Customer Service
FAX (919) 571-4718 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Leon Shearin Tract Batchelor Rd
Nash County
March 28, 2011
Page 2 of 2
If you dispute the Director's determination you may file a petition for an administrative hearing. You must file the
petition with the Office of Administrative Hearings within sixty (60) days of the receipt of this notice of decision. A
petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours.
The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00
pm, except for official state holidays. To request a hearing, send the original and one (1) copy of the petition to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. The petition may also be
faxed to the attention of the Office of Administrative Hearings at (919) 733-3478, provided the original and one (1)
copy of the document is received by the Office of Administrative Hearings within five (5) days following the date of
the fax transmission. A copy of the petition must also be served to the Department of Natural Resources, c/o Mary
Penny Thompson, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699-1601.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60)
days.
The owner/future owners should notify the Division of Water Quality (including any other Local, State, and Federal
Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This
project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the
Division of Water Quality (Central Office) at (919)-807-6301, and the US Army Corp of Engineers (Raleigh
Regulatory Field Office) at (919)-544-4884.
Respectfully,
Martin Richm d
Environmental Specialist
cc: Wetlands/ Stormwater Branch, 1650 Mail Service Center, Raleigh NC 27699-1650
RRO/SWP File Copy
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