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Home My WebLink About20080511 Ver 4_Stream Call Letter_20140516AMP NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 1, 2014 Jeff Becker Greene Environmental Services 1004 Glencastle Way Raleigh, INC 27606 Subject Property: LaGrange Bank Parcel, Phase Ii Expansion LIT to Meeting House Branch, Neuse River Basin John E. Skvarla, III Secretary DWQ # 08 -0511 Ver. 4 Lenoir County On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) -- Dear Mr. Becker: On June 4, 2014, at your request Anthony Scarbraugh met with David Knowles of Greene Environmental Services and conducted an on -site determination to review unnamed tributary (LIT) to Meeting House Branch located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "08 -0511 Ver. 4" on the attached map initialed by Mr. Scarbraugh on July 1, 2014. The project is located approximately 0.37 miles southwest of the intersection of Old Jason Road and INC Highway 903 in Pitt County, INC. At your request, Mr. Scarbraugh conducted on -site determination as stated above. During his review, he evaluated the stream using the DWR Stream Classification Form. He evaluated the stream reach 08 -0511 Ver. 4 at N 35 20.437, W 77 47.157 and calculated the score to be 20.25 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 portion of the feature labeled as "08- 0511 Ver. 4" on the attached map, and highlighted in blue is subject to the Neuse Buffer Rules. The feature and the 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 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 Jeff Becker Greene Environmental Services Stream Determination Page 2 of 2 Director in writing c/o Karen Higgins, DWR 401 & Buffer Permitting Unit, 1617 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. 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