20060432 Ver 1_COMPLETE FILE_20070821

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 21, 2006
Mr. Danny Byrd
2045 Shotwell Road
Clayton, NC 27520
Subject Property:
DWQ Projecl*# 20060432
Johnston County
Page 1 of 2
Stream determination call - NC 210 and NC 50, McGee Crossroads
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233)
Dear Mr. Byrd:
On March 20, 2006, at your request I and Ms. Amy Chapman conducted an on-site determination
to review a pond and downsteam channel located on the subject property for applicability to the
Neuse Buffer Rules (15A NCAC 2B.0233). The pond is labeled as "A" on the attached map
initialed by me on March 21, 2006.
At your request, I conducted an on-site determination as stated above. During my review I
evaluated the channel downstream of the pond using the DWQ Stream Classification Form.
The Division of Water Quality (DWQ) has determined that the pond and associated
downstream channel labeled as "A and "B"on the attached map are not subject to the
Neuse River Buffer Rule. However the channel near the downslope property line from the
location where the drain from the pond intersects with this channel (labeled "C" on the attached
map) is at least an intermittent stream and therefore is subject to the Neuse River Buffer rules.
Therefore, channel "C" and it's 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 Noy,, Caro ' a
tcrrat
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: hh"://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 500% Recycled/10% Post Consumer Paper
Danny Byrd
Page 2 of 2
March 21, 2006
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.
I understand that you want to drain the pond. Please discuss this issue with the US Army Corps
of Engineers to be sure that they have no issue with it as well as with the NC Wildlife Resources
Commission who have guidelines on pond draining. Contacts with the Wildlife Resources
Commission in Johnston County are Steve Everhardt (910-796-7436. and Kirk Rundle (252-237-
1926; (m) 252-903-7744). As we discussed in the field, any pond draining should be done
gradually in a manner not to result in downstream erosion and sedimentation.
Also, there are wetlands on this property at least along the stream flowing at or near the edge of
the property (channel "C"). You should have this area delineated to determine the extent of
wetlands and then have this determination confirmed by the US Army Corps of Engineers,
Raleigh Field Office. Finally, wetlands may form in the bottom of the drained pond. The Corps
should be contacted to determine the extent of any possible wetlands once the pond has drained
and to determine whether these wetlands are isolated (and therefore subject to DWQ jurisdiction)
or whether they are non-isolated (and therefore subject to Clean Water Act jurisdiction for the
US Army Corps of Engineers and DWQ).
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 me at [phone].
Sincerely,
JRD/jrd
Enclosures: Maps
cc: Eric Kulz, DWQ Raleigh Regional Office
File Copy
Central Files
KDo I Oversight/E res Review Permitting Unit
James Shern, Raleigh Field Office US Army Corps of Engineers
Steve Everhardt, NC Wildlife Resources. Commission
Kirk Rundle, NC Wildlife Resources Commission
Filename: 20050432Byrd(Johnston)Streameall One
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401 Oversight/Express Review Permitting Unit
1650 Mail Service Center; Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

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John Dorney
Wetlands Unit
Division of Water Quality
2321 Crabtree Blvd.
Raleigh, NC 27604
Farm Pond Inspection/Survey
February 3, 2006
John,
i;Y
I appreciate your time today in discussing my mother-in-laws farm pond and my request
to drain and fill. As per our agreement-we-will meet at-9am, Monday, March 20, 2006 at _
the property in Johnston County. I have enclosed a map showing directions to the
property. The property is on the corner of a major intersection (Hwy 50 & Hwy 210).
Your drive time from downtown Raleigh is approximately 40 minutes. You will note a
large two story white house in the southwest corner of the intersection. A member of the
family will meet you in front of the house. The pond is located directly behind the house.
Thanks again for the time. We'll see you on March 2&
Re ds,
Danny yrd /
2045 Shotwell Road
Clayton, NC 27520
919-524-6859

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Directions to property
From the Raleigh beltline take 140 east.
Follow 140 until you reach the Highway 210 exit.
Exit to the right and at the stop sign turn right.
Follow Highway 210 approximately 2 miles
You will arrive at a stop light.
This is the intersection of Highway 210 and Highway 50.
This area is known as McGee's Crossroads and there are signs indicating this.
As soon as you cross under the light, the house is immediately on your left.
It is probably 50 feet from the light to the house.
The actual address of the property is:
NC Highway 210
Angier, NC 27501
TopoZone - The Web's Topographic Map
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0 0.1 0.2 0.3 0.4 0.5 km G
0.09 0.18 0.27 0.36 IJ.45 mi
Map center is UTM 17 719527E 3933085N (WGS84/NAD83)
?.J` Edmondson quadrangle M=-8.834
Projection is UTM Zone 17 NAD83 Datum G=1.407
http://www.topozone.com/print.asp?z=17&n=3933085.09682067&e=719527.336561271 &... 3/20/2006