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Home My WebLink About20140691 Ver 1_Buffer Determination_20140804�I NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary August 4, 2014 DWQ # 14 -0691 Pitt County Mrs. Doddie Elks Singleton 123 Tarheel Drive Washington, NC 27889 Subject Property: Mason Site UTs to Chicod Creek, Tar - Pamlico River Basin On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC 2B.0259) Dear Mrs. Singleton: On August 1, 2014, at the request of your.¢onsultaint AAs, Kim Williams of Land Management Group, Inc., Anthony Scarbraugh conducted an on-site "determinations to review unnamed tributaries (UTs) to Chicod Creek located on the subject property for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 2B .0259). The features are labeled as "14 -0691 A and 14 -0691 B" on the attached map initialed by Mr. Scarbraugh on August 4, 2014. The project is located near 7754 Pitt Street in Town of Grimesland, Pitt 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 reaches 14- 0691 A at N 35.55309, W 77.19242, 14 -0691 B at N 35.55240, W 77.18582 and found evidence that these are a man -made features not constructed for the purposes of navigational access. North Carolina Administrative Code 15A NCAC 02B .0259(3)(a)(i) 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 -0691 A and 14 -0691 B" on the attached map, and highlighted in red are not subject to the Tar- Pamlico 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 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 -3716\ Internet: www,ncdenr.gov An Equal Opportunity l Afrmative Action Employer — Made in pad by recycled paper Mrs. Doddie Elks Singleton Stream Determination Page 2 of 2 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 1508 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, i�� W / Robert Tankardf%ssistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachment: copy of sheet 52, 1974 version of Pitt County Soil Survey cc: DWR 401 & Buffer Permitting Unit File Copy Kim Williams, Land Management Group, Inc., 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 Filename 14 -0691 PAROLINA — SHEET NUMBER 52 A w t'�e'�� N OMB CrA C C WaB CrB LoA qh ExA LOA GOA" CrA LOA �� ExB ,z f i LY /E s" Cr6 ExA ? - n Ch / I� n CrC WaB�tl WaB qcB F d A,B AgB AgB t'y ii $w� c `41 Ex0 LOA LaA� § ,X Tk r�CCB ASK L �'� Ca ii /i �� LO A = Ag6 , r f age l F Rs wf Oct i -� Ly_ U OCB d WaB LOA =Ag6 ! A w t'�e'�� N OMB CrA xA Ra, ' LoA LoA '' � L'v`A y '' �L�A f � ✓� :. 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Skvarla, III Governor Secretary August 4, 2014 DWQ # 14 -0691 Pitt County Mrs. Doddie Elks Singleton 123 Tarheel Drive Washington, NC 27889 Subject Property: Mason Site UTs to Chicod Creek, Tar - Pamlico River Basin On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC 213.0259) Dear Mrs. Singleton: On August 1, 2014, at the request of your 6n`su)tahtJV1s ;, Kim Williams of Land Management Group, Inc., Anthony Scarbraugh conducted an on -site determinations to review unnamed tributaries (UTs) to Chicod Creek located on the subject property for applicability to the Tar- Pamlico Buffer Rules (15A NCAC 2B.0259). The features are labeled as "14 -0691 A and 14 -0691 B" on the attached map initialed by Mr. Scarbraugh on August 4, 2014. The project is located near 7754 Pitt Street in Town of Grimesland, Pitt 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 reaches 14- 0691 A at N 35.55309, W 77.19242, 14 -0691 B at N 35.55240, W 77.18582 and found evidence that these are a man -made features not constructed for the purposes of navigational access. North Carolina Administrative Code 15A NCAC 02B .0259(3)(a)(i) 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 -0691 A and 14 -0691 B" on the attached map, and highlighted in red are not subject to the Tar- Pamlico 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 Division of Water Resources- Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252546 -64811 Fax: 252 - 975 -37161 Internet: www.ncdenr.gov An Equal Opportunity \Affirmative Action Employer— Made . in part by recycled paper Mrs. Doddie Elks Singleton Stream Determination Page 2 of 2 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, Y Robert Tankar %VSsistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachment: copy of sheet 52, 1974 version of Pitt County Soil Survey cc: DWR 401 & Buffer Permitting Unit File Copy Kim Williams, Land Management Group, Inc., 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 Filename 14 -0691 �Le zs' ltr CrA +�iM Si s �oA / �� .,. ExB T r r 1.. �,� + (f ExA 8t y hex k, „➢R, 4 t LoA �1 �'� , nl iau tts r�Tx Le s r x'�"LnA�'L'Y:. ^�� irdkk North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 4, 2014 Mrs. Doddie Elks Singleton 123 Tarheel Drive Washington, NC 27889 Subject Property: Mason Site UTs to Chicod Creek, Tar - Pamlico River Basin John E. Skvarla, III Secretary DWQ # 14 -0691 Pitt County On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC 2B.0259) Dear Mrs. Singleton: On August 1, 2014, at the request of your�cdnsuttar`t4VIs,Kim Williams of Land Management Group, Inc., Anthony Scarbraugh conducted an on -site' determinations to review unnamed tributaries (UTs) to Chicod Creek located on the subject property for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 2B .0259). The features are labeled as "14 -0691 A and 14 -0691 B" on the attached map initialed by Mr. Scarbraugh on August 4, 2014. The project is located near 7754 Pitt Street in Town of Grimesland, Pitt 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 reaches 14- 0691 A at N 35.55309, W 77.19242, 14 -0691 B at N 35.55240, W 77.18582 and found evidence that these are a man -made features not constructed for the purposes of navigational access. North Carolina Administrative Code 15A NCAC 02B .0259(3)(a)(i) 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 -0691 A and 14 -0691 B" on the attached map, and highlighted in red are not subject to the Tar- Pamlico 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 Division of Water Resources- Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252546 -64811 Fax: 252 - 975 -37161 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper Mrs. Doddie Elks Singleton Stream Determination Page 2 of 2 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 Tan kar ,Pssistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachment: copy of sheet 52, 1974 version of Pitt County Soil Survey cc: DWR 401 & Buffer Permitting Unit File Copy Kim Williams, Land Management Group, Inc., 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 Filename 14 -0691