20100218 Ver 1_Buffer Determination_20100322

HCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Secretary
March 22, 2010
Mrs. Janice Hill Hopewell and Mr. Robert Hopewell
5117 White Oak Drive
New Bern, NC 28562
Subject Property: Hopewell farm property
UT to Trent River, Neuse River Basin
DWQ Project # 2010-0218
Jones County
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B .0233)
Dear Mr. Hopewell:
On January 26, 2010, 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 ( f 5A NC AC 2B .0233). The feature is labeled as "2010-0218" on the attached
map initialed by me on March 22, 2010. The project is located on the south side of NC
I IWY 58, approximately 2 miles west of the intersection of NC HWY 58 and NC HWY
4 1, near Trenton, NC.
The Division of Water Quality (DWQ) has determined that the surface water
labeled as "2010-0218" on the attached map is at least intermittent, and is
SUBJECT to the Neuse Buffer Rule. However, the modified natural drainage has been
demonstrated to have been maintained for agricultural purposes in the past, and this
maintenance activity can be continued to remove accumulated sediment in the stream.
without going below the original channel contours. This feature and its associated
buffers should be 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
North Card, hna Dmision of WaterQualaa5 Internet 3 %vy nok3t5r_qu,,Oa ,!`rE
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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
Ov°ersight/Express Review Permitting Unit, 2321 Crabtree Blvd- Suite 250. Raleigh, NC
27604-2260. Individuals that dispute a determination by the D Q or Delegated Local
Authority that "exempts" a surface water from the buffer rule may ask fix 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 154E of the North Carolina General Statutes to the Office of
Administrative Ilearings. 6714 Mail Service Center, Raleigh, N.C. 27649-6714. 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].
Sincerely,
a
Chris Pullinger
Surface Water Protection
Washington Regional Office
1 nclosures: 1:24.000 scale USGS topographic map. Phillips Crossroads quadrangle
cc: DWQ 401 Oversight/Fxpress Unit
WaRO File Copy
Eilenamc 2010.0218

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