20130766 Ver 1_Stream Call Letter_20130731

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 31, 2013
DWQ # 13 -0766
Craven County
Coastal Piedmont Developers, LLC
Attn: Mr. Donald G. Lawrence
803 -A East Main Street
Havelock, NC 28532
Subject Property: Coastal Piedmont Developers, LLC Lot
Cherry Branch, Neuse River Basin
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Ms. Hanes:
On July 26, 2013, at request of your consultant, Mr. Bobby Billingsley of Thomas Engineering, PA,
Anthony Scarbraugh conducted an on -site determination to review tributary known as Cherry Branch
located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The
feature is labeled as "13- 0766" on the attached map initialed by Mr. Scarbraugh on July 31, 2013. The
project is located at the northwest intersection of NC Highway 306 and Pinecliff Retreat Road in Craven
County.
At your consultant's request, Mr. Scarbraugh conducted on -site determinations as stated above. During
his review, he evaluated the feature using the DWQ Stream Classification Form. He evaluated the
stream reach 13 -0766 at N 34.92086, W 76.81436 and calculated the score to be 12 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-
0766" on the attached map, 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 dispute a determination made by
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.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarofina
Naturally

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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,
06�ailkj
For Tom e
Attachment: copy of page, 1989 version of Craven County Soil Survey
cc: DWQ Webscape Unit
File Copy
Bobby Billingsley, Thomas Engineering, PA,
PO Box 1309, New Bern, NC 28563
Filename 13 -0766

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