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HomeMy WebLinkAbout20170575 Ver 1_Buffer Determination_20170511f ra Environmental Quality May 11, 2017 First Congregational United Church of Christ ATTN: Mr. Len Henderson PO Box 680 Dudley, North Carolina 28333 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary JAY ZIMMERMAN DWR Director DWR #17-0575 WAYNE County Subject: On -Site Determination for Applicability to Neuse River Riparian Buffer Rules (15A NCAC 02B .0233) Subject Property/ Project Name: First Congregational United Church of Christ —flooding issues Address/Location: 215 Sleepy Creek Road, Dudley NC. Stream(s) Evaluated: UT to Yellow Marsh Branch (Yellow Swamp) (Durham Lake), Neuse River Basin; Determination Date: 05/10/2017 Staff: Chris Pullinger Determination Type: Buffer: Stream: ® Neuse (15A NCAC 02B .0233) ❑ Intermittent/Perennial Determination ❑ Tar -Pamlico (15A NCAC 02B.0259) Soil Survey ❑ Catawba (15A NCAC 02B .0243) 17-0575 ❑ Jordan (15A NCAC 02B .0267) (governmental and/or interjurisdictional projects) 17-0575 Begin ❑ Randleman (15A NCAC 02B.0250) X ❑ Goose Creek (15A NCAC 02B .0605-.0608) Stream E/I/P* Not Subject Subject Start@ Stop@ Soil Survey USGS Topo 17-0575 P X 17-0575 Begin 17-0575 End X X *E/1/P = Ephemeral/Intermittent/Perennial The Division of Water Resources has determined that the stream(s) listed above and included on the attached map(s) have been located on the most recent published NRCS Soil Survey of Beaufort County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale and evaluated for applicability to the Tar -Pamlico River Riparian Buffer Rule. Each stream that is checked "Not Subject" has been determined to not be at least intermittent or not present on the property. Streams that are checked "Subject" have been located on the property and possess characteristics that qualify them to be at least intermittent streams. There may be other streams or features located on the property that do not appear on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. The stream determination request was made as part of a request to address ongoing flooding issues on the subject property. According to the Table of Uses (15A NCAC 02B .0233 (6)), "Vegetation management: Removal of individual trees which are in danger of causing damage to dwellings, other structures, or human life" is considered to bean exempt activity within the Rule. -�-'`Nothing Cornpares: - State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 First Congregational United Church of Christ Wayne County DWR #2017-0575 Page 2 of 2 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 may request a determination by the Director. An appeal request must be made within sixty (60) calendar days of date of this letter to the Director in writing. If sending via US Postal Service: c/o Karen Higgins DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (UPS, FedEx, etc.): clo Karen Higgins DWR — 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 This determination is final and binding as detailed above, unless an appeal is requested within sixty (60) days. This determination only addresses the applicability to the buffer rules and does not approve any activity within the buffers. The project may require a Section 404/401 Permit for the proposed activity. Any inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of Engineers Washington Regulatory Field Office at (910)-251-4629. If you have questions regarding this determination, please feel free to contact Chris Pullinger at (252) 948-3922. Sincerely, '441 Robert Tankard, Assistan Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: WaRO DWR File Copy LASERFICHE Mr. Len Henderson (via e-mail:lentick@msn.com) Itqd. 6h , Bb o rte,.. �• ` - 6 #2017-0575 End s WIF Af 4,!t_ WA m -I ,. 201 T-0575 Begin y ,215 Sleepy Creek Rd n � esti Com:- • . Google Earth D?_016 Google 400 ft