HomeMy WebLinkAbout20140542 Ver 1_Stream Call Letter_20140729WIFA
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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 29, 2014
Mr. Albert J. Vail
PO Box 310
Pikeville, NC 27863
Subject Property: Pikeville Farm
Granny Branch and UTs to Granny Branch, Neuse River Basin
John E. Skvarla, III
Secretary
DWQ # 14 -0542
Wayne County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Vail:
On July 24, 2014, at the request of your consultant Mr. Cory Darnell of ECS Carolinas, LLP, Anthony
Scarbraugh conducted an on -site determinations to review a tributary known as Granny Branch and
unnamed tributaries (UTs) to Granny Branch located on the subject property for applicability to the Neuse
Buffer Rules (15A NCAC 2B .0233). The features are labeled as "14 -0542 A through 14 -0542 F" on the
attached maps initialed by Mr. Scarbraugh on July 29, 2014. The project is located near 4390 US 117 in
Pikeville, 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 -0542
A at 35.3547733 N, 77.97649 W and calculated the score to be 21.5 points. He evaluated the stream reach
14 -0542 B at 35.48059 N, 77.97397 W and calculated the score to be 22.75 points. He evaluated the
stream reaches 14 -0542 C at N 35.48076, W 77.97820, 14 -0542 D at N 35.48172, W 77.97997, 14-0542 E at
N 35.48149, W 77.98046, 14 -0542 F at N 35.47783, W 77.98000 and found evidence that this is a man-
made features are 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 features labeled as "14 -0542 A
and 140542 B" on the attached maps, and highlighted in blue are subject to the Neuse Buffer Rules. The
portion of the features labeled as "140542 A and 14 -0542 B" and highlighted in red and circled on the
attached maps, are not subject to the Neuse Buffer Rules. The portion of the features labeled as "14-
0542 C, 14 -0542 D, 14 -0542 E and 14 -0542 F" on the attached map, and highlighted in red are 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
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.ncdeni.gov
An Equal Opportunity, 1 Affirmative Action Employer— Made in part by recycled paper
Mr. Albert 1. Vail
Stream Determination
Page 2 of 2
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, 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 1506 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 "NE Goldsboro"
copy of sheet 10, 1974 version of Wayne County Soil Survey
cc: DWR 401 & Buffer Permitting Unit
File Copy
Cory Darnell, ECS Carolinas, LLP,
9001 Glenwood Avenue, Raleigh, NC 27617
Filename 14 -0542
Goovdaht (C) 9998, Mai)tech, Inc.
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