20140782 Ver 1_Buffer Determination_20140813

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 13, 2014
David W. Branch, Jr.
106 Slaney Loop
Winterville, NC 28590
Subject Property: River Branch Subdivision
Ut to Tar River, Tar - Pamlico River Basin
John E. Skvarla, III
Secretary
D W Q fs 14 -0782
Pitt County
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC
213 .0259)
Dear Mr. Branch:
On July 31, 2014, at the request of your consultant Mr. Bryan Fagundus of Ark Consulting, Group, PLLC,
Anthony Scarbraugh conducted an on -site determination to review an unnamed tributary (Ut) to Tar River
located on the subject property for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 213 .0259). The
feature is labeled as "14 -0782' on the attached maps initialed by Mr. Scarbraugh on August 13, 2014. The
project is located at the end of River Oaks Drive near the Town of Greenville, Pitt 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 -0782 at
35.58661 N, 77.27626 W and calculated the score to be 30.75 points. Please note, the original stream
feature is depicted as running from the origin point at the amenity pond and flowing to the northeast on
the most recent of the soil survey map prepared by the NRCS US Department of Agriculture and the most
recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the US
Geological Survey. The feature has been modified to run toward the northwest to a culvert at
approximately 35.58961 N, 77.27634 W and continues to a point at ending point at 35.59072 N, 77.27736
W. 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 -0782' on
the attached maps, and highlighted in blue is subject to the Tar - Pamlico River 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
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252 - 946 -64811 Fax: [phone] Internet: www.nodenr.gov
An Equal Oppoduni y 1 Affirmative Acfion Employer— Made in part by recycled paper

David W. Branch, Jr.
Stream Determination
Page 2 of 2
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/Aegional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Greenville SE"
copy of sheet 43, 1974 version of Pitt County Soil Survey
Google Earth Image from April 6, 2013
cc: DWR 401 & Buffer Permitting Unit
File Copy
William Wescott, US Army Corps of Engineers Washington Regulatory Office
Bryan Fagundus, Ark Consulting Group, PLLC,
3280 Charles Blvd., Greenville, NC 27858
Filename 14 -0782

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