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Home My WebLink About20140544 Ver 1_Stream Call Letter_20140729WDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Robert Parks 698 Hood Swamp Road Goldsboro, NC 27534 Subject Property: John E. Skvarla, III Secretary July 29, 2014 DWQ # 14 -0544 Wayne County Berkeley Farm UT to Poplar Branch, Neuse River Basin On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) Dear Mr. Parks: On July 22, 2014, at the request of your consultant Mr. Cory Darnell of ECS Carolinas, LLP, Anthony Scarbraugh conducted an on -site determination to review unnamed tributary (UT) to Popular Branch located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "14- 0544" on the attached map initialed by Mr. Scarbraugh on July 29, 2014. The project is located on the near 183 Saulston Road in Goldsboro, Wayne County. 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 14 -0544 at N 35.48762, W 77.88686 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(8)(b)(ii) states "Ditches and manmade conveyances other than modified natural streams unless constructed for navigation or boat access" are exempt from the riparian are requirements." 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 "14- 0544" 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 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 -64891 Fax: 252 - 975 -37161 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper Mr. Robert Parks Stream Determination Page 2 of 2 Director in writing c/o Karen Higgins, DWR 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, INC 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 150E 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, Z4 / Robert Tankard, Assista t Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachment: USGS Topographic 1:24,000 Quadrangle Map "NE Goldsboro" cc: DWR 401 & Buffer Permitting Unit File Copy Cory Darnell, ECS Carolinas, LLP, 9001 Glenwood Avenue, Raleigh, NC 27617 N Filename 14 -0544 Ne Pat 140544 fl f. nati I a oot owe Z '38 I it .,Aso Parks V, W-i 5 -144", Z J X- -0 IW nati I a oot owe Z I it .,Aso Parks nati I a oot owe Z 1998, pr SCALE 1:8000 0 100 200 300 400 500 600 YARDS 0 1000 FEET YF 0 100 200 300 400 500 METERS .,Aso Parks V, W-i 5 -144", Z 1998, pr SCALE 1:8000 0 100 200 300 400 500 600 YARDS 0 1000 FEET YF 0 100 200 300 400 500 METERS