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HomeMy WebLinkAbout20160631 Ver 1_Buffer Determination_20160805 PAT MCCRORY Coven... K, DONALD R. VAN DER VAART secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Direclor August 5, 2016 DWR#16-0631 Jones County Mrs. Mary Hood 6778 Wyse Fork Road Dover, NC 28526 Subject Property: Hood Site UT to Mill Branch, Neuse River Basin On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules(15A NCAC 2B .0233) Dear Mrs. Hood: On July 26, 2016,Anthony Scarbraugh at the request of your consultant Mr. Paul Pascarosa of Headwater Environmental, Inc. conducted on-site determination to review unnamed tributary (UT) to Mill Branch located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as"16-0631"on the attached map(s) initialed by Mr.Scarbraugh on August 5,2016. The project is located near 6778 Wyse Fork Road in Dover,Jones County, NC. At your request, Mr.Scarbraugh conducted on-site determination as stated above. During his review, he evaluated the streams using the Division of Water Resources(DWR) Stream Classification Form. Feature Not Subject E/I/P* Start@ Stop@ Subject to to Buffers Buffers 16-0631 X I @ Flag 16-0631 Begin @ Flag 16-0631 End • E/I/P—Ephemeral/Intermittent/Perennial The DWR has determined that portion of feature labeled as "16-0631" on the attached map(s), and highlighted in blue is subject to the Neuse Buffer Rules. The feature 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. 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 State of North Carolina I Environmental Quality I Water Resources—Water Quality Regional Operations—Washington Regional Office 943 Washington Square Mail,Washington,NC 27889 252-946-6481 Mrs. Mary Hood Stream Determination Page 2 of 2 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 150E 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, -VAII� Robert Tankard,Assistan Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Attachment: USGS Topographic 1:24,000 Quadrangle Map "Rivermont" cc: Laserfiche File Copy Paul Pascarosa, Headwater Environmental, Inc. (via email: paul@headwaterenvironmental.com) Filename 16-0631 077'30'30.0000"W 077°29'60.0000"W Oxl �--- —�_ J N rtfi C lin Wrenmentd i 5 °-V,o3 anageom t ommission � -��~ sic rQf a r Resources s Fri Basin Bufer * • ■ o O O • ti M 1� �"�-��i� M O 20 + Bea � allle # I r O OLO ,.. �n o I ��� o i a� Z � Z o r ht C 2009 M To 0 2006-2016 TomTo 077'30'30.0000"W 077'29'60.0000"W SCALE 1:12000 0 1000 2000 3000 Feet