20130767 Ver 1_Stream Call Letter_20130725

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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 25, 2013
DWQ # 13 -0767
Pitt County
Anthony and Mollie Thaxton
548 Westminster Circle
Greenville, NC 27858
Subject Property: Thaxton Residence Retaining Wall
UT to Bell Branch, Tar - Pamlico River Basin
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A
NCAC 2B .0259)
Dear Mr. and Mrs. Thaxton:
On July 24, 2013, at your request Anthony Scarbraugh conducted an on -site determination to review
unnamed tributary (UT) to Bell Branch located on the subject property for applicability to the Tar -
Pamlico Buffer Rules (15A NCAC 2B .0259). The feature is labeled as "13- 0767" on the attached maps
initialed by Mr. Scarbraugh on July 25, 2013. The project is located at 548 Westminster Circle in
Greenville, Pitt 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-
0767 at N 35.58775, W 77.33950 and calculated the score to be 31.75 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 portion of the feature labeled as "13-
0767" on the attached maps, and highlighted in blue is subject to the Tar - Pamlico 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
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: 252 - 946 -6481 1 FAX: 252 - 946 -9215
Internet: www.ncwaterguality.orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
;Vaturallrf

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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,
O
For Tom Reeder
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Greenville NE"
copy of page, 1974 version of Pitt County Soil Survey
cc: DWQ Webscape Unit
File Copy
Linda Taylor, Gardenkeepers Landscape & Design, Inc.,
4339 Leary-Mills Road, Vanceboro, NC 28586
Filename 13 -0767

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