20140891 Ver 1_Stream Call Letter_20140822

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 22, 2014
Mr. Ray McPhail
PO Box 1612
Highlands, INC 28741
John E. Skvarla, III
Secretary
DWQ q 14 -0891
Pamlico County
Subject Property: Summer Winds Subdivision Phase II
Old House Creek, UTs to Old House Creek and Neuse River, Neuse River Basin
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. McPhail:
On August 20, 2014, at the request of your consultant Mr. Kendal Gaskins of Gaskins Land Surveying, P.A.,
Anthony Scarbraugh conducted an on -site determinations to review a tributary known as Old House Creek
and unnamed tributaries (UTs) to Old House Creek and the Neuse River located on the subject property for
applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as "14 -0891 A
through 14 -0891 C' on the attached map initialed by Mr. Scarbraugh on August 22, 2014. The project is
located approximately 1.65 miles southeast of the intersection of Straight Road and Orchard Creek Road in
Pamlico 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-
0891 A at N 35.06207, W 76.63343 and calculated the score to be 0 points. The feature was not present.
He evaluated the stream reach 14 -0891 B at N 35.06295, W 76.63065 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 (3)(a)(i) exempts ditches and manmade conveyances other than modified
natural streams unless constructed for navigation or boat access. He evaluated the stream reach 14 -0891 C
at 35.06400 N, 76.63927 W and calculated the score to be 38 points. 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 -0891 A
and 14 -0891 B" on the attached map(s) that are highlighted in red are not subject to the Neuse Buffer
Rules. The portion of the feature labeled as "14 -0891 C' on the attached maps, and highlighted in blue is
subject to the Neuse Buffer Rules. The portion of the feature labeled as "14 -0891 C' and highlighted in
red and circled is not 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
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.ncdenr.gov
An Equal Oppommity 1 Affirmative Action Employer— Made in part by recycled paper

Mr. Ray McPhail
Stream Determination
Page 2 of 2
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
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 fora 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�_ 0 C
Robert Tankard, Assistant Rzional up ervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Oriental'
copy of sheet 8, 1987 version of Jones County Soil Survey
cc: DWR 401 & Buffer Permitting Unit
File Copy
Kendall Gaskins, Gaskins Land Surveying, P.A.,
PO Box 354, Vanceboro, NC 28586
Filename 14 -0891

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