HomeMy WebLinkAbout20140820 Ver 1_Stream Call Letter_20140825e�A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 25, 2014
G &E Smith and Sons, LLC
Attn: Mr. Stacy Smith
345 Genoa Road
Dudley, NC 28333
Mr. Norwood B. Howell
118 Oak Heights Road
Goldsboro, NC 27530
Subject Property: Caraway Creek
UTs to Caraway Creek, Neuse River Basin
John E. Skvarla, III
Secretary
DWQ # 14 -0820
Wayne County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 213
.0233)
Dear Messrs. Smith and Howell:
On August 25, 2014, at the request of your consultant Mr. John Hutton of Wildlands Engineering, Inc,
Anthony Scarbraugh conducted an on -site determinations to review unnamed tributaries (UTs) to Caraway
Creek located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 213 .0233). The
features are labeled as "14 -0820 A and 14 -0820 B" on the attached maps initialed by Mr. Scarbraugh on
August 25, 2014. The project is located between 345 Genoa Road and the Neuse River near the Town of
Dudley, 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 -0820
A at 35.32593 N, 78.01651 W and calculated the score to be 24.25 points. He evaluated the stream reach
14 -0820 B at 35.32612 N, 78.01462 W and calculated the score to be 21.5 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 feature labeled as "14 -0820 A
and 14 -0820 B" on the attached maps, and highlighted in blue is 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 -64811 Fax: 252- 975 -37161 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in pad by recycled paper
Stacy Smith and Norwood B. Howell
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 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 Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachment USGS Topographic 1:24,000 Quadrangle Map "SW Goldsboro'
copy of sheet 25, 1974 version of Wayne County Soil Survey
cc: DWR 401 & Buffer Permitting Unit
File Copy
Eric Kulz, DWR 401 & Buffer Permitting Unit
Daniel Taylor, Wildlands Engineering, Inc.,
312 West Millbrook Road, Suite 225, Raleigh, NC 27609
Filename 14 -0820
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