20160325 Ver 1_Buffer Determination_20160516

Water Resources
ENVIRONMENTAL OUALITV
May 16, 2016
A. Sydes Construction, Inc.
Attn: Mr. Anthony Sydes
100 Carolina Plantation Boulevard
Jacksonville, NC 28546
Subject Property: Bluewater Rise
UTs to Brice Creek, Neuse River Basin
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
D(rector
DWR # 16-0325
Craven County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0259)
Dear Mr. Sydes:
On April 29, 2016, at your request of John Thomas of Thomas Engineering, PA, Randy Sipe conducted on-
site determinations to review unnamed tributaries (UTs) to Brice Creek located on the subject property
for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). On May 16, 2016, Anthony Scarbraugh
conducted an additional on-site to determination to review an UT to Brice Creek located of the subject
property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as "16-
0325 A, 16-0325 B. 16-0325 C, and 16-0325 D" on the attached map(s) initialed by Mr. Scarbraugh on May
16, 2016. The project is located on northwest intersection of County Line Road (SR 1101) and Old Airport
Road (SR 1997) near James City, Craven County.
At your request, Messrs. Sipe and Scarbraugh conducted on-site determinations as stated above. During
their review, they evaluated the streams using the Division of Water Resources (DWR) Stream
Classification Form. He evaluated the stream reach "16-0325 A" at N 35.0068, W 77.0476 and calculated
the score to be 33 points. He evaluated the stream reach "16-0325 B" at N 35.0111, W 77.0334 and
calculated the score to be 28 points. He evaluated the stream reach "16-0325 C' at N 35.00372, W
77.03757 and calculated the score to be 25 points. He evaluated the stream reach "16-0325 D" at N
35.00714, W 77.03238 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 DWR has determined that portions of features labeled as "16-0325 A, 16-0325 B, 16-0325 C, and
16-0325 D" on the attached map(s), and highlighted in blue are subject to the Neuse Buffer Rules. The
DWR has determined that portion of feature labeled as "16-0325 B and 16-0325 D" on the attached
map(s), 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.
State of North Carolina I Environmental Quality l Water Resources -Water Quality Regional Operations -Washington Regional Office
943 Washington Square Mail, Washington, NC 27889
252-946-6481

A. Sydes Construction, Inc.
Attn: Mr. Anthony Sydes
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, 1650 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 [phone].
Sincerely,
Robert Tankard, Assista t Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Attachments: USGS Topographic 1:24,000 Quadrangle Map "New Bern"
copy of sheet 12, 1989 version of Craven County Soil Survey
cc: Laserfiche
File Copy
John G. Thomas, Thomas Engineering, PA (email: [e-mail])
Filename 16-0325