Rivers - Bristol at Cobblestone SD

t?F WATF9Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
`O ?i North Carolina Department of Environment and Natural Resources
r
Alan W. Klimek, P.E. Director
'i Division of Water Quality
O `<
June 22, 2006
Rivers @ Assoc., Inc.
107 East Second St.
PO Box 929
Greenville, NC 27858
NBR# 06-086
Johnston County
BASIN:
Neuse River X Tar-Pamlico
(15A NCAC 213 .0233) (15A NCAC 213 .0259)
Complaint NOV Buffer Determination X
Incident # Appeal Call
Project Name: Clayton, NC Tract PIN# 1668-06-8884 River File 26014
Location/Directions: located South of Hwy 70 in Clayton, East of SR 1560, East of Little Creek
Subject Stream: UT to Little Creek
Date of Determination: 4/4/2006
Feature(s) Not
Subject Subject Start @ Stop@ Stream
Form Pts. Soil
Survey USGS
Topo
A X X X
B X B-4 X
C X X

Explanation: The feature(s) listed above has or have been located on the Soil Survey of Johnston County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams other streams located on your property that do not show up on the maps referenced above but, still
maybe considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water
Quality.
This on-site determination shall expire rive (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 One
exists and that it is subject to the buffer rule may request a determination by the Director. A request for a NorthCarolina
11VaturallJ
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection
Internet: h2o.encstate.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628
Phone [phone] Customer Service
FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Clayton, NC Tract
PIN # 1668-06-8884
River File 26014
6/22/2006
Page 2 of 2
determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly , 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 ad judicatory 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.
The (owner/future owners) should notify the Division of Water Quality (including any other Local, State,
and Federal Agencies) of this decision concerning any future correspondences regarding the subject property
(stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries
should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army
Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441.
Respectfully,
Michael Horan
Environmental Spec. I
CC: Jamie Shern-US Army Corps of Engineers, Raleigh Regulatory Office
Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
File Copy
Central Files
No -thCarolma
Aawra!!y
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o.enrstate.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
T
PI ivers Engineers
Planners
&Associates,lnc. kk 7
Surveyors
Since1918
April 5, 2006
Mr. Mike Horan
NCDENR - Division of Water Quality
1628 Mail Service Center
Raleigh, NC 27699-1628
Subject: Stream Determination
Clayton, NC Tract
PIN 1668-06-8884
Rivers File - 26014
Dear Mike,
The purpose of this letter is to summarize the results of our 4/4/06 meeting on the subject
property and request concurrence.
The enclosed USGS map illustrates two blue-line features within or bordering the subject
property. These two blue-line features are Little Creek and an unnamed tributary to Little
Creek (Feature A). Little Creek serves as the western boundary of the property. The
reach of the unnamed tributary to Little Creek extends through the property and flows in
a southwesterly direction.
The enclosed NRCS Soil Survey map illustrates not only the features shown on the
USGS map, but two additional features. One of these is a branch of Feature A reaching
to the edge of the property and flowing west towards Feature A. The branch to Feature A
will be referred to as Feature B. The drainage feature illustrated on the NRCS Soil
Survey map flowing in a southwestern direction across the southern boundary of the
property towards Little Creek will be referred to as Feature C.
The following was determined as a result of on-site investigation of the subject features:
- Feature A is considered a stream by DWQ throughout the entire property and
will be subject to riparian buffer rules as applicable in the Neuse River Basin.
- Feature B is considered a stream by DWQ from a point determined by Mike
Horan in the field and marked by an orange flag to the point of confluence
with Feature A. This orange flag has been marked as "B-4" with additional
notation. Feature B will be subject to riparian buffer rules as applicable in the
Neuse River Basin from the "B-4" flag downstream (west) to the confluence
of Feature A. Therefore, Feature B will not be subject to riparian buffer rules
as applicable in the Neuse River Basin upstream (east) from the "B-4" flag. A
107 Fast Second Street. Greenville, NC' 27858 • Post Office Box 929 • Greenville
F-mail: rivers@riversan dussoeiates.eom
NC 27835 0 [phone] • FAX [phone]
O u
a vers
PV'&*
Associates,lnc. -
Since1918
Fngincers / Planners / Surveyors
GPS reading gathered in the field as the "B-4" flag was hung resulted in the
following coordinates.
Latitude - N 35° 38' 18"
Longitude - W 78° 27' 18"
- Feature C is not considered a stream by DWQ and will not be subject to
riparian buffer rules as applicable in the Neuse River Basin.
As stated earlier, we are requesting correspondence from your agency to confirm the
findings summarized in this letter.
It was a pleasure to meet with you on site. I look forward to working with you and your
agency on future issues. On behalf of our client, Rivers & Associates, Inc. greatly
appreciates your assistance. If you have any further comments or require additional
information, please contact me at 252-752-4135.
Sincerely,
' ?J_ /;
Ben E. Williams
Environmental Planner
Enclosures
CC: Glenn Stygar, Triangle Assets Management LLC
Patrick Hartman, Rivers and Assoc.
Jim Walker, River and Assoc.
Donnie Brewer, Rivers and Assoc.
File
P:\PRIVATE\Triangle Assets Management, LLC\Pine Grove Sub - East Champion Street - Clayton\ltr-040506-horan.doc
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Stream Determination
Clayton, NC Tract
PIN 1668-06-8884
P:`,PRIVATE,Triangle Assets Management, LLCTine Grove Sub -East Champion Street - Clayton\Soils.doc