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HomeMy WebLinkAbout20140486 Ver 1_Stream Call Letter_20140520EWA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 3, 2014 Debra and George Grantham 1447 Falling Creek Church Road Goldsboro, NC 27530 Subject Property: Hollowell Mitigation Bank UTs to Neuse River, Neuse River Basin John E. Skvarla, III Secretary DWQ ff 14 -0486 Wayne County On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) Dear Mr. and Mrs. Grantham: On June 3, 2014 and July 2, 2014, at your request of your consultant Mr. Ward Ellis of Restoration Systems, LLC, Anthony Scarbrough conducted an on -site determinations to review unnamed tributaries (UTs) to Neuse River located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as "14 -0486 A through 14 -0486 D" on the attached maps initialed by Mr. Scarbraugh on July 3, 2014. The project is located approximately 0.55 mile north of the intersection of Stevens Mill Road and James Hinson Road in Wayne County. 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 reach 14 -0486 A at N 35.35348, W 78.11549 and calculated the score to be 21.25 points. He evaluated the stream reach 14 -0486 B at N 35.35349, W 78.11686 and calculated the score to be 21.25 points. He evaluated the stream reach 14 -0486 C at N 35.35168, W 78.12599 and calculated the score to be 19.75 points. The form states that if the score is "greater than or equal to 19 points the stream is at least intermittent." Please note, he evaluated the stream reach 14 -0486 D at N 35.36162, W 78.11925 and calculated the score to be 21 points. However, the feature 14 -0486 D was not present on either the most recent of the soil survey map prepared by the NRCS US Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the US Geological Survey. In accordance with 15A NCAC 2B .0233(3) which states that riparian buffers adjacent to surface waters that do not appear on either of the maps shall not be subject to this Rule. The DWR has determined that the portion of the features labeled as "14 -0486 A, 14 -0486 B and 14 -0486 V on the attached maps, and highlighted in blue are subject to the Neuse Buffer Rules. The portion of feature labeled as "14 -0486 D" and highlighted in red is not subject to the Neuse Buffer Rules. The features 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 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 t Affirmative Acton Employer — Made in Part by recycled paper 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, 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. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachments: USGS Topographic 1:24,000 Quadrangle Map "Grantham" copy of sheets 18 and 24, 1974 version of Wayne County Soil Survey cc: DWR 401 & Buffer Permitting Unit File Copy Ward Ellis, Restoration Systems, LLC, 1101 Haynes Street, Suite -211, Raleigh, NC 27604 Katie Merritt, DWR 401 & Buffer Permitting Unit Filename 14 -0486 40 "1W I 071e "pr .4o"iW i I I I I I I I I 1071e" qr .90"1W 1 1 1 1 1 1 1 1 1 1071P" 06' 78" Ole' a0 b0"bv 11 1 1 1 1 1 1 1 1 0718° br )0.b0" W I I I I I I I I I 1 0718" br p0.b0 "1W I I I I I I I 1 1 1078-66' !!T?4� • Born G-rolina Envy onmental Management Com nission Division of Water � RESuu•1cG) o For: Lu f Btrffer o °o M Reviewed by 6 Approximate location of 14 -0486 D 'S 14 -0486 A I 14 -0486 C r V I Magnetic Declination / SCALE 1:12000 300 400 SW 000 700 800 900 YARDS /1�6 x 1 0 100 200 0 1000 2000 FEET 0 100 200 300 400 600 000 700 800 METERS 9" w 4 i i 78" Ole' a0 b0"bv 11 1 1 1 1 1 1 1 1 0718° br )0.b0" W I I I I I I I I I 1 0718" br p0.b0 "1W I I I I I I I 1 1 1078-66' o N' WhA Ke ae 'Lv Ke' aA /' Ke C R Na /NOB: � • 1 K / /La' Jo \Rm Ra Co' R Wh8 a Na Jo Ru K RuA p `_ C�oO Ke Ke Lv F KaA I Go e - co Knk Rub mr� Kn .t .. 1/ i GG Ch o �Bfo a Env' .: R. 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