20131292 Ver 1_Stream Call Letter_20131216 (2)

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
December 17. 2013
D W Q # 13 -1292
Craven County
Kern Company, Inc.
Attn: Mr. Paul Kern
11101 Tara Road
Rockville, MD 20854
Subject Property: Otter Creek —Tract A
UTs to Otter Creek and Otter Creek, Neuse River Basin
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Kern:
On December 17, 2013, at your request Anthony Scarbraugh conducted on -site determinations to
review an unnamed tributaries (UTs) to Otter Creek and Otter Creek located on the subject property for
applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as "13 -1292 A, 13-
1292 B and 13 -1292 C' on the attached maps initialed by Mr. Scarbraugh on December 17, 2013. The
project is located of northwest intersection of SR 1107 (Flanners Beach Road) and US Highway 70 West
in Craven County, NC.
At your request, Mr. Scarbraugh conducted on -site determinations as stated above. During his review,
he evaluated the stream using the DWR Stream Classification Form. He evaluated the stream reach at
13 -1292 A at N 34.96804, W 76.96365 and calculated the score to be 20.5 points. He evaluated the
stream reach at 13 -1292 B at N 34.96823, W 76.96227 and calculated the score to be 20.5 points. He
evaluated the stream reach at 13 -1292 C at N 34.96959, W 76.96001 and calculated the score to be
34.25 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 Resources (DWR) has determined that the portion of the features labeled as
"13 -1292 A, 13 -1292 B and 13 -1292 C" on the attached maps, and highlighted in blue is subject to the
Neuse Buffer Rules. The portion of features labeled " 13 -1292 A and 13 -1292 B" that is circled and
highlighted in red is not subject to the Neuse Buffer Rules. The features and its associated buffers
should be identified on any future plans for this property. The owner (or future owners) should notify
Water Quality Regional Operations Section
943 Washington Square Mall, Washington, North Carolina 27899
Phone: [phone] FAX: [phone]
Internet: www.ncwater.org
An Equal Opportunity, 1 Affirmative Action Employer

Kern Company, Inc.
Attn: Mr. Paul Kern
DWR # 13 -1292
Stream Determination
Page 2 of 2
the DWR (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.
The owner (or future owners) should notify the DWR (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 DWR 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 Karen Higgins, DWR 401 & Buffer Permitting Unit, 1650 Mail
Service Center, Raleigh, NC 27699 -1650. Individuals that dispute a determination by the DWR 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. DWR 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 1508 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 Anthony
Scarbraugh in the Washington Regional Office at (252) 948 -3924.
Sincerely,
David May,
Regional Supervisor
DWR Water Quality Regional Operations Section
Washington Regional Office
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Havelock"
copy of page, 1989 version of Craven County Soil Survey
cc: DWR 401 & Buffer Permitting Unit
File Copy
John Thomas, Thomas Engineering, PA,
PO Box 1309, New Bern, NC 28563
Filename 13 -1292

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