20130694 Ver 1_Buffer Determination_20130712

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Acting Director Secretary
July 12, 2013
DWQ # 13 -0694
Pamlico County
Greene County HealthCare, Inc.
Attn: Mr. Doug Smith
7 Professional Drive
Snow Hill, NC 28560
Subject Property: Pamlico Commuity Health
UT to South Prong of Bay River, Neuse River Basin
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Smith:
On July 12, 2013, at your request Anthony Scarbraugh conducted an on -site determination to review
unnamed tributary (UT) to South Prong of Bay River located on the subject property for applicability to
the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "13- 0694" on the attached map
initialed by Mr. Scarbraugh on July 12, 2013. The project is located at 313 Main Street in Bayboro,
Pamlico County, NC.
At your request, Mr. Scarbraugh conducted on -site determination as stated above. During his review,
he evaluated the feature using the DWQ Stream Classification Form. He evaluated the stream reach 13-
00694 at N 35.14185, W 76.77328 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 portions of the feature labeled as "13-
0694" 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
North Carolina Division of Water Quality
943 Washington Square Mail
Washington, NC 27889
Phone: 252 - 946 -6481 1 FAX: 252 - 946 -9215
Internet: www.ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
One
NorthCarolina
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may request a determination by the Director. A request fora 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.
Sincerely,
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For To Reeder
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Bayboro"
cc: DWQ Webscape Unit
File Copy
Amber Farrelly, B &F Consulting, Inc.,
2805 Tombermory Lane, Raleigh, NC 27606
Richard Peed, DEMLR WaRO
Filename 13 -0694