HomeMy WebLinkAbout20091121 Ver 1_Buffer Determination_20091209 NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 9, 2009
DWQ Project# 2009-1121
Greene County
Peggy Riddle
1749 Shady Grove Church Road
Snow Hill,NC 28580
Subject Property: Peggy Riddle Lot Survey (for purposes of subdivision)
UT to Rainbow Creek; Neuse River Basin
Index # - 27-86-21; Subbasin - 030407; Class C, Sw, NSW
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B .0233)
Dear Mrs Riddle:
On December 3, 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 project area is labeled as "2009-1121" on the
attached map initialed by me on December 9, 2009. The project is located on the north
side of SR 1091 (Shady Grove Church Road), approximately 0.4 miles west of the
intersection of SR 1091 and NC HWY 123, south of Hookerton, 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 eastern extent of the property, and calculated the score to be 37 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 surface water
circled, highlighted in blue, and labeled as "2009-1121" on the attached map is
perennial, and is SUBJECT to the Neuse Buffer Rule. This feature and its associated
buffers should be identified on any future plans for Pis property. The owner(or future
owners) should notify the DWQ (and other relevant gencies) of this decision in any
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: 252-946-6481 One
Washington,NC 27889 FAX 252-946-9215 NorthCarohna
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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(252) 948-3920.
AcSierel ,
T�—
Al Ho ge Su Visor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: 1:24,000 scale USGS topographic map, Hookerton quadrangle
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
USACE,Washington field office-Emily Jernigan
Simon R. Cox,PLS,McDavid&Assoc.,PO Drawer 49, Farmville,NC 27828
Filename: 2009-1121
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