HomeMy WebLinkAbout20140691 Ver 1_Buffer Determination_20140804�I
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
August 4, 2014
DWQ # 14 -0691
Pitt County
Mrs. Doddie Elks Singleton
123 Tarheel Drive
Washington, NC 27889
Subject Property: Mason Site
UTs to Chicod Creek, Tar - Pamlico River Basin
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC
2B.0259)
Dear Mrs. Singleton:
On August 1, 2014, at the request of your.¢onsultaint AAs, Kim Williams of Land Management Group, Inc.,
Anthony Scarbraugh conducted an on-site "determinations to review unnamed tributaries (UTs) to Chicod
Creek located on the subject property for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 2B .0259).
The features are labeled as "14 -0691 A and 14 -0691 B" on the attached map initialed by Mr. Scarbraugh on
August 4, 2014. The project is located near 7754 Pitt Street in Town of Grimesland, Pitt 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 reaches 14-
0691 A at N 35.55309, W 77.19242, 14 -0691 B at N 35.55240, W 77.18582 and found evidence that these
are a man -made features not constructed for the purposes of navigational access. North Carolina
Administrative Code 15A NCAC 02B .0259(3)(a)(i) states "Ditches and manmade conveyances other than
modified natural streams unless constructed for navigation or boat access" are exempt from the riparian
are requirements." 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 feature labeled as "14 -0691 A
and 14 -0691 B" on the attached map, and highlighted in red are not subject to the Tar- Pamlico 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.
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
Division of Water Resources - Water Quality Regional Operations Section- Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252 - 946 -64811 Fax: 252- 975 -3716\ Internet: www,ncdenr.gov
An Equal Opportunity l Afrmative Action Employer — Made in pad by recycled paper
Mrs. Doddie Elks Singleton
Stream Determination
Page 2 of 2
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 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,
i�� �� W /
Robert Tankardf%ssistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachment: copy of sheet 52, 1974 version of Pitt County Soil Survey
cc: DWR 401 & Buffer Permitting Unit
File Copy
Kim Williams, Land Management Group, Inc.,
3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403
Filename 14 -0691
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Pat McCrory John E. Skvarla, III
Governor Secretary
August 4, 2014
DWQ # 14 -0691
Pitt County
Mrs. Doddie Elks Singleton
123 Tarheel Drive
Washington, NC 27889
Subject Property: Mason Site
UTs to Chicod Creek, Tar - Pamlico River Basin
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC
213.0259)
Dear Mrs. Singleton:
On August 1, 2014, at the request of your 6n`su)tahtJV1s ;, Kim Williams of Land Management Group, Inc.,
Anthony Scarbraugh conducted an on -site determinations to review unnamed tributaries (UTs) to Chicod
Creek located on the subject property for applicability to the Tar- Pamlico Buffer Rules (15A NCAC 2B.0259).
The features are labeled as "14 -0691 A and 14 -0691 B" on the attached map initialed by Mr. Scarbraugh on
August 4, 2014. The project is located near 7754 Pitt Street in Town of Grimesland, Pitt 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 reaches 14-
0691 A at N 35.55309, W 77.19242, 14 -0691 B at N 35.55240, W 77.18582 and found evidence that these
are a man -made features not constructed for the purposes of navigational access. North Carolina
Administrative Code 15A NCAC 02B .0259(3)(a)(i) states "Ditches and manmade conveyances other than
modified natural streams unless constructed for navigation or boat access" are exempt from the riparian
are requirements." 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 feature labeled as "14 -0691 A
and 14 -0691 B" on the attached map, and highlighted in red are not subject to the Tar- Pamlico 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.
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
Division of Water Resources- Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252546 -64811 Fax: 252 - 975 -37161 Internet: www.ncdenr.gov
An Equal Opportunity \Affirmative Action Employer— Made . in part by recycled paper
Mrs. Doddie Elks Singleton
Stream Determination
Page 2 of 2
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 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 Anthony Scarbraugh in the
Washington Regional Office at (252) 948 -3924.
Sincerely,
Y
Robert Tankar %VSsistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachment: copy of sheet 52, 1974 version of Pitt County Soil Survey
cc: DWR 401 & Buffer Permitting Unit
File Copy
Kim Williams, Land Management Group, Inc.,
3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403
Filename 14 -0691
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North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 4, 2014
Mrs. Doddie Elks Singleton
123 Tarheel Drive
Washington, NC 27889
Subject Property: Mason Site
UTs to Chicod Creek, Tar - Pamlico River Basin
John E. Skvarla, III
Secretary
DWQ # 14 -0691
Pitt County
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC
2B.0259)
Dear Mrs. Singleton:
On August 1, 2014, at the request of your�cdnsuttar`t4VIs,Kim Williams of Land Management Group, Inc.,
Anthony Scarbraugh conducted an on -site' determinations to review unnamed tributaries (UTs) to Chicod
Creek located on the subject property for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 2B .0259).
The features are labeled as "14 -0691 A and 14 -0691 B" on the attached map initialed by Mr. Scarbraugh on
August 4, 2014. The project is located near 7754 Pitt Street in Town of Grimesland, Pitt 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 reaches 14-
0691 A at N 35.55309, W 77.19242, 14 -0691 B at N 35.55240, W 77.18582 and found evidence that these
are a man -made features not constructed for the purposes of navigational access. North Carolina
Administrative Code 15A NCAC 02B .0259(3)(a)(i) states "Ditches and manmade conveyances other than
modified natural streams unless constructed for navigation or boat access" are exempt from the riparian
are requirements." 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 feature labeled as "14 -0691 A
and 14 -0691 B" on the attached map, and highlighted in red are not subject to the Tar- Pamlico 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.
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
Division of Water Resources- Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252546 -64811 Fax: 252 - 975 -37161 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper
Mrs. Doddie Elks Singleton
Stream Determination
Page 2 of 2
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 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 Anthony Scarbraugh in the
Washington Regional Office at (252) 948 -3924.
Sincerely,
Robert Tan kar ,Pssistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachment: copy of sheet 52, 1974 version of Pitt County Soil Survey
cc: DWR 401 & Buffer Permitting Unit
File Copy
Kim Williams, Land Management Group, Inc.,
3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403
Filename 14 -0691