20090883 Ver 1_Buffer Determination_20091008

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 8, 2009
DWQ Project # 2009-0883 v.2
Lenoir County
Shackelford Farms, Inc.
Attn: Mr. Dwain Shackelford
1652 J Kenneth Hall Road
Hookerton, NC 28538
Subject Property: Shackelford Farms (proposed irrigation pond)
UT to Wheat Swamp, Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B.0233)
Dear Mr. Shackelford:
On October 29, 2008, 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 "2009-0883" on the attached
map initialed by me on September 23, 2009. The project is located on the north side of
SR 1705 (J Kenneth Hall Road), approximately 0.3 miles east of the intersection of SR
1704 (Research Farm Road) and SR 1705, near Hugo, NC.
At your request, I conducted an on-site determination as stated above. During my review
I evaluated the stream using the DWQ Stream Classification Form. I evaluated the
stream reach at the uppermost point of the property, and calculated the score to be 23.25
points. The form states that if the score is "greater than or equal to 19 points the stream is
at least intermittent" I also evaluated the stream reach at the point labeled
"Intermittent/Perennial Break" on the attached map, and calculated the score to be 34.25
points. If a feature scores greater than or equal to 30 points on the classification form, it
is considered to be perennial at that point.
The Division of Water Quality (DWQ) has determined that the surface water
highlighted in blue and labeled as "2009-0883" on the attached map is at least
intermittent throughout the property, and is SUBJECT to the Neuse Buffer Rule.
North Carolina Division of Water Quality Internet: www.ncwaterguality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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;Vaturally
Page 2 of 2
The point where the feature changes to a perennial stream is labeled
"Intermittent/Perennial Break", and the portion of the feature that is perennial on
your property is also circled. 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
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].
Sincerely,
Al Hodge
Enclosures: 1:24,000 scale USGS topographic map - Hookerton quadrangle
cc: DWQ 401 Oversight/Express Unit
USACE, Washington Field Office - Emily Jernigan
WaRO File Copy
Filename: 2009-0883
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