20140732 Ver 1_Buffer Determination_20140814

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla III
Governor Secretary
August 14, 2014
DWQ 4 14 -0732
Greene County
Pat Harris
3269 Highway 91
Snow Hill, NC 28580
Subject Property: Harris Farms Hwy. 13/258 North of Snow Hill
Neuse River Basin, Panther Swamp Creek [NEU 07, 27- 86 -18; C, Sw, NSW]
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
2B .0233)
Dear Mr. Harris:
On August 13, 2014, at your request, Mr. Roberto Scheller of this Office conducted an on -site determination of a drainage
feature located on the subject property. The drainage was reviewed for applicability to the Neuse Buffer Rules in
accordance with (15A NCAC 2B .0233). The feature is labeled as "14 -0732 A to 14 -0732 B" on the attached maps and
initialed on August 13, 2014.
The Division of Water Resources (DWR) has determined that the feature labeled as "14 -0732 A to 14 -0732 B" on
the attached maps and highlighted in blue is subject to the Neuse Buffer Rules. The portion of the subject feature
highlighted in red is not subject to the Neuse Buffer Rules. The stream determination begins at an old concrete bridge
crossing, marked on the ground with yellow DWQ flagging, and labeled as point 14 -0732 A (N 35° 29.024' W 77°
38.254') and continues downstream to point 14 -0732 B (N 35° 28.833' W 77° 38.537') at the culvert crossing passing
under Highway 13/258 and as shown on the attached maps.
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, 1650 Mail Service Center
Raleigh, NC 27699 -1650. Individuals that dispute a determination by the DWR or Delegated Local Authority that
Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
Phone: [phone] FAX: [phone]
Intemet:w .ncwaterquality.orq
An Equal Opporlunily \ Affirmafive Action Employer

"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 conducts 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 1 SOB 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 Roberto Scheller in the Washington Regional Office at (252) 948-
3940.
Sincerely, /_
U G :qRobert Tankard
Assistant Regional Supervisor
Division of Water Resources
Attachments: Greene County Soil Survey map
Snow Hill, USGS Quad map
Google Earth Aerial
cc: DWR Webscape Unit
File Copy
Filename 14 -0732

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