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Home My WebLink About20131292 Ver 1_Stream Call Letter_20140422&T42 NCDENR North Carolina Department of Environment-and Natural Resources Pat McCrory Governor April 28, 2014 Kern Company, Inc. Attn: Mr. Paul Kern 11101 Tara Road Rockville, MD 20854 Subject Property: Otter Creek — Tracts Band C UTs to Otter Creek and Otter Creek, Neuse River Basin John E. Skvarla, III Secretary DWQ # 13 -1292 V2 Craven County On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) Dear Mr. Kern: On April 22 and 23, 2014, at your request Anthony Scarbraugh conducted an on -site determinations to review unnamed tributaries (UTs) to Otter Creek and Otter Creek located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as "13 -1292 V2 A through 13 -1292 V2 J" on the attached maps initialed by Mr. Scarbraugh on April 28, 2014. The project is located on the southeast intersection of SR 1107 (Flanners Beach Road) and US Highway 70 West in Craven County, NC. At your request, Mr. Scarbraugh conducted on -site determinations as stated above. During his review, he evaluated the streams using the DWR Stream Classification Form. He evaluated the stream reaches 13 -1292 V2 A at N 34.96561, W 76.95828 and calculated the score to be 23 points. He evaluated the stream reaches 13- 1292 V2 B at N 34.96629, W 76.95626 and calculated the score to be 19.25 points. He evaluated the stream reaches 13 -1292 V2 C at N 34.96448;\W 76.95618 and calculated the score to be 31.25 points. He evaluated the stream reaches 13 -1292 V2 D at N 34.96463, W.76.95422 and calculated the score to be 19.25 points. He evaluated the stream reaches 13 -1292 V2 E at N 34.96437, W 76.95181 and found evidence that this is a man- made feature not constructed for the purposes of navigational access. North Carolina Administrative Code 15A NCAC 02B .0233 (3)(a)(i) exempts ditches and manmade conveyances other than modified natural streams unless constructed for navigation or boat access. He evaluated the stream reaches 13 -1292 V2 F at N 34.96391, W 76.95097 and calculated the score to be 29.75 points. He evaluated the stream reaches 13 -1292 V2 G at N 34.96416, W 76.95074 and calculated the score to be 10.75 points. He evaluated the stream reaches 13 -1292 V2 H at N 34.96592, W 76.95245 and calculated the score to be 20.25 points. He evaluated the stream reaches 13 -1292 V2 I at N 34.96952, W 76.95638 and calculated the score to be 34 points. He evaluated the stream reaches 13 -1292 V2 J at N 34.96952, W 76.95638 and 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 Resources (DWR) has determined that a portion of feature labeled as "13 -1292 V2 A, 13 -1292 V2 B, 13 -1292 V2 C, 13 -1292 V2 D, 13 -1292 V2 F, 13 -1292 V2 H and 13 -1292 V2 I" on the attached Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252 - 946 -64811 Fax: 252 - 975 -37161 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper Kern Company, Inc. Attn: Mr. Paul Kern Stream Determination Page 2 of 2 maps that is highlighted in blue is subject to the Neuse Buffer Rules. The portion of the feature labeled as "13 -1292 V2 A, 13 -1292 V2 B, 13 -1292 V2 D, 13 -1292 V2 F and 13 -1292 V2 H" and highlighted in red and circled is not subject to the Neuse Buffer Rules. The portion of the feature labeled as "13 -1292 V2 E, 13 -1292 V2 G and 13 -1292 V2 J" on the attached maps, and highlighted in red is not subject to the Neuse Buffer Rules. The features 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. 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. Sind Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachments: USGS Topographic 1:24,000 Quadrangle Map "Havelock' copy of sheet 15, 1989 version of Craven County Soil Survey" cc: DWR 401 & Buffer Permitting Unit File Copy Filename 13 -1292 V2 '3 t, 1 1 P` :y i. Ul2 V2 E 4, N` 1 �t Ek L J rLoA GoA OoA