20131269 Ver 1_Stream Call Letter_20131209

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvada, III
Governor Director Secretary
December 13, 2013
DWQ N 13 -1269
Craven County
Pierce Landing Subdivision, LLC
Attn: Mr. Donald [pock
160 Spruill Town Road
Vanceboro, NC 28586
Subject Property: Pierce Landing Subdivision
UT to Bear Creek, Neuse River Basin
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 28
.0233)
Dear Mr. (pock:
On December 11, 2013, at request of your agent Mr. Kendall Gaskins of Gaskins Land Surveying, P.A.,
Anthony Scarbraugh conducted an on -site determination to review an unnamed tributary (UT) to Bear
Creek located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233).
The feature is labeled as "13- 1269" on the attached map initialed by Mr. Scarbraugh on December 13,
2013. The project is located approximately 0.44 miles northwest of the intersection of SR 1438 (Spruill
Town Road) and US Highway 17 South in Craven County, NC.
At your request, Mr. Scarbraugh conducted an on -site determination as stated above. During his
review, he evaluated the stream using the DWR Stream Classification Form. He evaluated the stream
reach 13 -1269 at N 35.26535, W 77.11655 and calculated the score to be 19.5 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 Resources (DWR) has determined that the portions of the feature labeled as
"13- 1269" on the attached map, and highlighted in blue are 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 DWR (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.
Water Quality Regional Operations Section
943 Washington Square Mall, Washington, North Carolina 27899
Phone: 252- 946&i811 FAX [phone]
Internet www.nmater.oro
An Equal Opportunity 1 Alfirmalive Action Employer

Pierce Landing Subdivision, LLC
Attn: Mr. Donald (pock
DWR # 13 -1269
Stream Determination
Page 2 of 2
The owner (or future owners) should notify the DWR (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 DWR 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, DWR 401 & Buffer Permitting Unit, 1650 Mail
Service Center, Raleigh, NC 27699 -1650. Individuals that dispute a determination by the DWR 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. DWR 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,
aUJ45
David May, P.G.
Regional Supervisor
DWR Water Quality Regional Operations Section
Washington Regional Office
Attachment: USGS Topographic 1:24,000 Quadrangle Map "Ernul"
cc: DWR 401 & Buffer Permitting Unit
File Copy
Kendall Gaskins, Gaskins Land Surveying, P.A.
PO Box 354, Vanceboro, NC 28586
Filename 13 -1269

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