20120721 Ver 1_Buffer Determination_20120803

�Afflq * 'Ir
MmA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Governor Director
August 3, 2012
Bryan, LLC
P.O. Box 12207
Roanoke, VA 24023
Subject Property: King Creek at Cherry Branch
UT to Neuse River, Neuse River Basin
Dee Freeman
Secretary
DWQ # 12 -0721
Craven County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 213.0233)
To Whom It May Concern:
On August 1, 2012, at your request Anthony Scarbraugh conducted an on -site determination to
review unnamed tributary (UT) to Neuse River located on the subject property for applicability to
the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "12- 0721" on the
attached maps initialed by Mr. Scarbraugh on August 3, 2012. The project is located
approximately 0.15 miles southeast of the intersection of Cherry Branch Drive and Dolphin Lane
in Craven County, NC.
At your request, Mr. Scarbraugh conducted an on -site determination as stated above. During his
review, he evaluated the stream using the DWQ Stream Classification Form. He evaluated the
stream reach 12 -0721 at N 35.93228, W 76.80411 and calculated the score to be 0 points. The
feature was not present. 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 Quality (DWQ) has determined that the feature labeled as "12- 0721" on the
attached maps, and highlighted in red is not 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 DWQ (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 DWQ (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
North Carolina Division of Water Quality
943 Washington square Mall
Washington, NC 27889
Phone: [phone] FAX: [phone]
Internet: www.nrwaterquality.orq
An Equal Opportunity l Affirmative Action Employer
NorthCarolina
Natffra!!r,

dispute a determination made by the DWQ 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, 1650 Mail Service Center, Raleigh, NC 27699 -1650. Individuals that dispute a
determination by the DWQ 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. DWQ 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.
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Cherry Point"
cc: DWQ 401/Wetland Express Unit
File Copy
John G. Thomas, Thomas Engineering, P.A.,
P.O. box 1309, New Bern, NC 28563
Filename 12 -0721