20121134 Ver 1_Buffer Determination_20130204

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North Carolina Department of Environment and Natura
Division of Water Quality
Pat McCrory Charles Wakild, P. E.
Governor Director
February 4, 2013
Straight Road, LLC
Martin Spratt
PO Box 280
Oriental, NC 28571
Subject Property: Martin Spratt Borrow Pit
UTs to Broad Creek, Neuse River Basin
Resources
John E. Skvarla, III
Secretary
DWQ # 12 -1134
Pamlico County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Spratt:
On January 30, 2013, at your request Anthony Scarbraugh conducted an on -site determination
to review an unnamed tributaries (UTs) to Broad Creek located on the subject property for
applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as "12-
1134 A and 12 -1134 B" on the attached maps initialed by Mr. Scarbraugh on February 4, 2013.
The project is located approximately 0.20 miles east - northeast of the intersection of SR
1321(Straight Road) and River Run Road in Pamlico 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 reaches 12 -01134 A at N 35.09382, W 76.64815 and 12 -01134 B at N 35.09330, W
76.64789 and found evidence that these are man -made features not constructed for the
purposes of navigational access. North Carolina Administrative Code 15A NCAC 02B .0233
(8)(b)(ii) states "Ditches and manmade conveyances other than modified natural streams which
are used exclusively for drainage of silvicultural land or natural forested areas" are exempt from
the riparian are requirements." In addition, the features were not present on either the most
recent of the soil survey map prepared by the NRCS US Department of Agriculture or the most
recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the
US Geological Survey. In accordance with 15A NCAC 2B .0233 (3) which states that riparian
buffers adjacent to surface waters that do not appear on either of the maps shall not be subject
to this Rule.
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: 252 - 946 -6481 \ FAX: 252 - 946 -9215
Internet: v✓ww.ncwaterquality.orq
An Equal Opportunity \ Affirmative Action Employer
One
NorthCarolina
VVaturally

Page 2 of 2
The Division of Water Quality (DWQ) has determined that the features labeled as "12 -1134 A
and 12 -1134 B" on the attached maps, and highlighted in red are 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
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 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,
`V.
For Charles Wakild, P. E.
Attachment: USGS Topographic 1:24,000 Quadrangle Map "Oriental"
copy of page, 1987 version of Pamlico County Soil Survey
cc: DWQ Webscape Unit
File Copy
Filename 12 -1134

Copyright (C) 1998, Maptech, Inc.

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