20090657 Ver 1_Buffer Determination_20100104

A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 4, 2010
DWQ Project# 2009-0657
Lenoir County
Nell Pearce and Lewis Sugg
c/o Jake Sugg
652 Roosondall Court
Apex, NC 27523
Subject Property: Sugg Farm Estate Division - Falling Creek,NC
UT to Falling Creek (Cabin Branch) -Neuse River Basin
Subbasin 030405; Class C, Sw, NSW; Stream Index#27-77
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B .0233)
Dear Mr. Sugg:
At your request I conducted an on-site determination to review drainage features located
on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B
.0233). The project area is labeled as "2009-0657" on the attached map initialed by me
on January 4, 2010. The project is located at the northeast corner of intersection of
NCSR 1545 (Lewis E. Sugg Road) and NCSR 156 (Banks School Road), near Falling
Creek,NC.
The Division of Water Quality (DWQ) has determined that the portion of the
surface water circled, highlighted in blue, and labeled as "2009-0657" on the
attached map is at least intermittent and is SUBJECT to the Neuse Buffer Rule. The
portion of the feature highlighted in pink is considered to be ephemeral, and is NOT
SUBJECT to the Neuse Buffer Rule. 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.
North Carolina Division of Water Quality Internet: www.newaterquality org
943 Washington Square Mall Phone: [phone] One
Washington,NC 27889 FAX [phone] NorthCarohna
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%a Post consumer Paper Naturally

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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.
Sincerely,
0 dL4,,
P Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: copy of page 14, Lenoir County Soil Survey
copy of preliminary plat
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
John Nix,Matrix East,PLLC; 906 N. Queen St. Suite A; Kinston,NC 28501
Filename: 2009-0657
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