Loading...
HomeMy WebLinkAbout20150044 Ver 1_Buffer Determination_20150122AWENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor January 22, 2015 Walter and Kathleen Haddock 509 Mike Stocks Road Hookerton, NC 28538 Subject Property: Walter and Kathleen Haddock Property UT to Rainbow Creek, Neuse River Basin Donald R. van der Vaart Secretary DWQ # 15 -0044 Greene County On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) Dear Mr. and Mrs. Haddock: On January 13, 2015, at your request, Anthony Scarbraugh conducted on -site determination to review an unnamed tributary (UT) to Rainbow Creek located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233. The feature is labeled as "15- 0044" on the attached maps) initialed by Mr. Scarbraugh on January 22, 2015. The project is located at 1797 Shady Grove Church Road near the Town of Hookerton, Greene County. At your request, Mr. Scarbraugh conducted on -site determination as stated above. During his review, he evaluated the stream using the DWR Stream Classification Form. He evaluated the stream reach "15- 0044" at 35.41523 N, 77.59649W and calculated the score to be 34.75 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 feature labeled as "15- 0044" on the attached map(s), and highlighted in blue is subject to the Neuse Buffer Rules. The feature 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. 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. Division of Water Resources- Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, k 27889 Phone: 252- 946 -64811 Fax: 252 - 97537161 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper Walter and Kathleen Haddock Stream Determination Page 2 of 2 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, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachments: USGS Topographic 1:24,000 Quadrangle Map "Hookerton" copy of sheet 6, 1980 version of Greene County Soil Survey cc: DWR 401 & Buffer Permitting Unit File Copy Filename 15 -0044 SCALE 1:12000 0 1000 2000 3000 FEET 077° 36' 00.00" W 077° 36' 30.00" W fV latn Std � •`L N � M O OO -M� ll t i S■ , ! 4 fie' ,�ki WeSt C wk, ik{ V e Cou Iw oul �r St u i • aLd If r k %7 h1 kYt ikr � �',��� a }flm� ,� � �� ri. , 4 • � M Y z r V 1n fn' fi666 krtp it 1 ' I � �� y� {lYJJI'Cii�tl�4 �b %'ti5 �Qa R9�t� '`'+Y � Y d' C t yv Y V�� � '�� I. •I ✓ �� 11 M =G f! k ¢ r �'� •k VwNk� �,j.r �ryry t+ }f`y' �h� y'+v� ea 1 9 iw, 1 �Fx ` r �� � uL � X Je�k. M 'S . G•�,F s� fie C+O, _ v 1��r 3 � (� �� O i 1 0044 � yr}, ldt _ ��k a z N krl .Rir ihE R age_P_ark:Srive d Shay Gr a Church; d r. Roadr r)11�w��iFN�51, 1 f s B' '. 2. ; tiu9o` g R r X t "9 >Y;iC l,yyel l� Z N Z l �w fuYx �o �� .—>C ° o "�y !ftY r "f�y�s p . 3 4 a' Stook f 4 s d ri ht C 200 M To 0 2006- 2015To4l 077° 36' 0.06" W 077° 35' 0.00" W SCALE 1:12000 0 1000 2000 3000 FEET