Peacock Pond System

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
JEWELL Engineering Consultants
Attn: Betty Farr
P.O. Box 2294
Kernersville, NC27285
BASIN:
Neuse River Buffer Determination X
July 17, 2009 D @ UiY?„2
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JUL 2 2 2009
DENR, WATER S ANDSTORMWATEX
WETLAND
R BRANCH
Tar-Pamlico Buffer Determination
Dee Freeman
Secretary
IP/NBRRO#09-099
Wake County
(I 5A NCAC 2B .0233)
(I 5A NCAC 2B .0259)
Ephemeral/Intermittent/Perennial Determination X Isolated Wetland Determination
Project Name: Peacock Pond System
Location/Directions: located west of Rand Mill Road and East of NC 50 (Benson Road)
Subject Stream: UT to Mohlers Creek
Date of Determination: 7/7/09
Feature(s) Not
Subject Subject Start @ Stop@ Soil
Survey USGS
Topo Intermittent/
Perennial/
Ephemeral
North Pond X X X NA
East Pond X X X NA
Main Pond X X X NA
Existing Bypass West
Channel X ( pond) (pond) Perennial
Existing Bypass East
Channel X (pond) (pond) Perennial
Crestwood Tributary X X X Perennial
Haywood Street Trib X X Perennial
A X X Intermittent
At the confluence of Crestwood Tributary and Haywood Street Tributary a beaver impoundment is present. At this
location the buffer extends from the mean high water level of the beaver impoundment. The Bypass West and East
Channels were determined to be perennial. These channels lack aquatic life and extend below the dam of the pond
where severe erosion is occurring.
NorthCarolina
Naturally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
Division of Water Quality
Coleen H. Sullins
Director
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake 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 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 ad judicatory 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.
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)-733-1786, and the US
Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441.
Respectfully,
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Lauren C. Witherspoon
Environmental Senior Specialist
CC: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
RRO/SWP File Copy
Frank Powell and Jaclyn Sumner, Town of Garner, P.O. Box 446, Garner, NC 27529
Jamie Shern, USACE, 3331 Heritage Trade Drive, Stel05, Wake Forest, NC 27587
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