20110205 Ver 1_Buffer Determination_20110307

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1114WETIR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 7, 2011
Mr. Son Tan Van
2221 Banks School Road
Kinston, NC 28504
Dee Freeman
Secretary
DWQ EXP# 11-0205
Lenoir County
Subject Property: Sleepy Creek Farms, Inc. Agricultural Field off Lafayette Road (NCSR 1722)
Drainage to Beaverdam Creek, Neuse River, Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
2B.0233)-EXPRESS REVIEW PROGRAM
Dear Mr. Van:
On March 3, 2011 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 (I SA NCAC 2B .0233). The features are labeled as "11-0205 A to
11-0205 B, 11-0205C to 11-0205 D, and Point E to Point F" on the attached maps initialed by me on March 4, 2011.
The Division of Water Quality (DWQ) has determined that the features labeled as 1111-0205 A to 11-0205 B" and
"Point E to Point F on the attached maps, and highlighted in red are not subject to the Neuse Buffer Rules. The
feature labeled as "11-0205 C to 11-0205 D" on the attached maps, and highlighted in blue is subject to the Neuse
Buffer Rules. The review of the wooded feature begins next to Lafayette Road at point 11-0205 A (N 35° 20.209' W 77°
29.227'), marked on the ground with yellow DWQ flagging, and continues north, northwest, 593 feet to a second point
11-0205 B (N 35° 20.286' W 77° 29.298') and is marked on the ground with yellow flagging. The subject feature is as
depicted on the enclosed maps. It was noted during review of the feature that the review area is uplands, between two
fields, and not considered a drainage feature by this Office. However, it is recommended that Mr. William Wescott of the
Army Corp of Engineers, in the Washington Field Office, be contacted to review the subject site for eligibility of 404
wetlands. Mr. Wescott may be contacted by phone at 910-251-4629. The second feature is a drainage ditch that is
marked on the attached maps starting at Point E, next to Lafayette Road, and runs north, northwest, to the wood line at
Point F. The third feature reviewed starts at a culvert crossing under Lafayette Road, marked on the ground with yellow
DWQ flagging, and labeled as 11-0205 C (N 35° 20.182' W 77° 29.324') on the attached maps. The feature continues
upstream 600 feet to point 11-0205 D (N 35° 20.247' W 77° 29.387') and is marked on the ground with yellow flagging.
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 Qualo
943 Washington Square Mail
Washington, NC 27889
Phone: [phone] l FAX: [phone]
irdernet www omlerquality.orq
An Equal Opportunity t Affirmative Action Employer
e hCarolina
Nwrally
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 John Dorney, 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 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 Roberto Scheller in the Washington Regional Office at (252) 948-
3940.
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For Cte411St ns
At tachments: Lenoir County Soil Survey map
USGS Quad map
Goggle Earth map
cc: Wes Hall, Sanderson Farms, Inc.
DWQ 401/Wetland Express Unit
File Copy
Filename 11-0205
i
Nor'
Management Commis-cic,i
Division of Water Quality
For: Basin Buffer
Date ?N,?y ?o
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11-0205 B
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Location: 035° 20' 14.96" N 077° 29' 21.10" W
Date: 31712011 Caption: Ag Field off Lafayette Road SR 1722, Lenoir Co.
Copyright (C) 1998, Maptech, Inc.
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