20140890 Ver 1_Stream Call Letter_20140820

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 20, 2014
Adam and Kristen Tingen
1634 Eden Church Road
Snow Hill, NC 28580
Subject Property: Adam Tingen Farm — Future Poultry House Location
UT to Button Branch, Neuse River Basin
John E. Skvarla, III
Secretary
DWQ # 14 -0890
Greene County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. and Mrs. Tingen:
On August 18, 2014, at your request Anthony Scarbraugh conducted on -site determination to review an
unnamed tributary (UT) to Button Branch located on the subject property for applicability to the Neuse
Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "14 -0890' on the attached maps initialed by
Mr. Scarbraugh on August 20, 2014. The project is located on the near 1475 Eden Church Road in Snow Hill,
Greene 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 -0890 at
N 35.46368, W 77.81529 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- 0890' on
the attached maps, 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: [phone] Fax: 252 - 975 -37161 Internet: www.nodenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in pad by recycled paper

Adam and Kristen Tingen
Stream Determination
Page 2 of 2
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,
alRobert Tankard, Assistant egional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Jason"
copy of sheet 4, 1980 version of Greene County Soil Survey
cc: DWR 401 & Buffer Permitting Unit
File Copy
Filename 14 -0890

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