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Home My WebLink About20140543 Ver 1_Stream Call Letter_20140729A LA- r WA N CDENR North Carolina department of Environment and Natural Resources Pat McCrory Governor July 29, 2014 Ms. Katie Lang 6241 US Highway 70 East LaGrange, NC 28551 Subject Property: Lang Farm Mill Branch and UT to Mill Branch, Neuse River Basin John E. Skvarla, ill Secretary DWQ # 14 -0543 Wayne County On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) On July 17, 2014, at the request of your consultant Mr. Cory Darnell of ECS Carolinas, LLP, Anthony Scarbraugh conducted on -site determinations to review a feature known as Mill Branch and unnamed tributaries (UTs) to Mill Branch located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as "14 -0543 A through 14 -0543 C' on the attached maps initialed by Mr. Scarbraugh on July 29; 2014. The project is located on the near 6241 US Highway 70 East in LaGrange, Wayne County. At your request, Mr. Scarbraugh conducted on -site determinations as stated above. During his review, he evaluated the streams using the DWR Stream Classification Form. He evaluated the stream reach 14 -0543 A at N 35.32196, W 77.83955 and calculated the score to be 25 points. He evaluated the stream reache 14 0543 B at N 35.31768, W 77.83714 and found evidence that this is a man -made feature not constructed for the purposes of navigational access. North Carolina Administrative Code 15A NCAC 02B .0233(8)(b)(ii) states "Ditches and manmade conveyances other than modified natural streams unless constructed for navigation or boat access" are exempt from the riparian are requirements." He evaluated the stream reach 14 -0543 C at N 35.31788, W 77.83698 and calculated the score to be 20.75 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 a portion of features labeled as "14 -0543 A and 14 -0543 C' on the attached map, and highlighted in blue are subject to the Neuse Buffer Rules. The portion of the features labeled as "140543 A and 14 -0543 C" and highlighted in red and circled on the attached maps, are not subject to the Neuse Buffer Rules. The portion of the feature labeled as "14 -0543 B" on the attached maps, 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 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. Division of Water Resources — Water Quality Regional Operations Section — Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252 -946 -6481 1 Fax: 262 -975 -37161 Internet: www.ncdenr.gov An Equal Opportunity l Affirmative Action Employer— Made in part by recycled paper Ms. Katie Lang Stream Determination Page 2 of 2 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, 1617 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 150E 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 Sincerely, Robert Tankar , Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachments: USGS Topographic 1:24,000 Quadrangle Map "LaGrange" copy of sheet 27, 1974 version of Wayne County Soil Survey cc: DWR 401 & Buffer Permitting Unit File Copy Cory Darnell, ECS Carolinas, LLP, 9001 Glenwood Avenue, Raleigh, NC 27617 Filename 14 -0543 - 'YVA I 4 ':'VWWIV 11.- -I NVl%I 1.1 \:I!'l4 %iJ II NP v1.r_ -1- II - I VI--I I 1d_()-r-%d� R Bedewed + + r t '!'!�. h 3 i 1 IC Ect 8tlt W. t � �tY � t erg n�� +r• r � r ��t r ;C � � F {t si'—v, 2� 1 �I� �`y }�j• cw SCALE 1:8000 aims si> 0 100 200 300 400 500 600 YARDS 0 1000 FEET r 0 100 200 300 400 500 METERS Copyright {C} 1998, Maptech, Inc.