20120887 Ver 1_Stream Call Letter_20121011

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Governor Director
October 11, 2012
Epiphany School
2301 Trent Road
New Bern, NC 28562
Subject Property: Epiphany School
Lawson Creek, Neuse River Basin
Dee Freeman
Secretary
DWQ # 12 -0887
Craven County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B .0233)
To Whom It May Concern:
On October 10, 2012, at your request Anthony Scarbraugh conducted an on -site determination to
review a tributary known as Lawson Creek located immediately to the south of the subject
property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled
as "12- 0887" on the attached maps initialed by Mr. Scarbraugh on October 11, 2012. The
project is located approximately 0.10 miles east of the intersection of Trent Road and Hotel Drive
in New Bern, Craven County, NC.
At your request, Mr. Scarbraugh conducted 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 -0887 at N 35.09957, W 77.07845 and calculated the score to be 32 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 Quality (DWQ) has determined that the feature labeled as "12- 0887" on the
attached maps, and highlighted in blue is subject to the Neuse Buffer Rules. The features 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: 252 - 946 -9215
Internet: www.ncwaterquality.orq
An Equal Opportunity \ Affirmative Action Employer
Noi thCarolina
Naturallm

pute 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 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 (252) 948 -3924.
Sincerely,
For Charles Wakild, P. E.
Attachments: USGS Topographic 1:24,000 Quadrangle Map "New Bern"
copy of page, 1989 version of Craven County Soil Survey
cc: DWQ 401 /Wetland Express Unit
File Copy
Meadows Properties, LLC,
120 Farmfield Avenue, Charleston, SC 29407
Kim Williams, Land Management Group, Inc.
3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403
Filename 12 -0887