HomeMy WebLinkAbout20140820 Ver 1_Buffer Determination_20150317ITMA
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North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
March 17, 2015
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
UT to Caraway Creek, Neuse River Basin
Donald R. van der Vaart
Secretary
DWQ 1114 -0820 Ver. 2
Wayne County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Messrs. Smith and Howell:
On March 16, 2015, at request of your consultant Mr. John Hutton of Wildlands Engineering, Inc, Anthony
Scarbraugh conducted on -site determination to review an unnamed tributary (UT) to Caraway Creek
located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The
feature is labeled as "14 -0820 Ver. 2" on the attached map(s) initialed by Mr. Scarbraugh on March 17,
2015. 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 determination as stated above. During his review, he
evaluated the stream using the DWR Stream Classification Form. He evaluated the stream reach "14 -0820
Ver. 2" at 35.33111 N, 78.01034 W and calculated the score to be 27.25 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 a portion of feature labeled as "14 -0820 Ver.
2" on the attached map(s), and highlighted in blue Is subject to the Neuse Buffer Rules. The portion of
the feature labeled as "14-0" and highlighted in red and circled on the attached map(s), is not subject to
the Neuse Buffer Rules. The portion of the feature labeled as "15 -0096 B" on the attached malill and
highlighted in red is not subject to the Neuse Buffer Rules. The features and the 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: 252-975,371M Internet: www,nodenr.gov
An Equal Opponunity 1 Affirmative Action Employer — Made in part by mcyded paper
Stacy Smith and Norwood B. Howell
Stream Determination
Page 2 of 2
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"
cc: DWR 401 & Buffer Permitting Unit
File Copy
Katie Merritt, DWR 401 & Buffer Permitting Unit
Daniel Taylor, Wildlands Engineering, Inc.,
312 West Millbrook Road, Suite 225, Raleigh, NC 27609
Fllename 140820 Ver. 2
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