20141112 Ver 1_Buffer Determination_20141119

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
November 19, 2014
Town of Cove City
Mayor Dred Mitchell, Jr.
204 South Main Street
Cove City, NC 28523
Subject Property: Cove City Ditch (1)
UT to Core Creek, Neuse River Basin
John E. Skvarla, III
Secretary
DWQ# 14 -1112
Craven County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mayor Mitchell:
On November 6, 2014, Anthony Scarbraugh conducted an on -site determination to review unnamed
tributary (UT) to Core Creek located on the subject property for applicability to the Neuse Buffer Rules (15A
NCAC 2B .0233). The features are labeled as "14- 1112" on the attached map initialed by Mr. Scarbraugh on
November 19, 2014. The project is located off Brown Avenue in the Town of Cove City, Craven County.
At your request, Mr. Scarbrough 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 -1112 at
35.19358 N, 77.31788 W and calculated the score to be 28.5 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- 1112" on
the attached map, and highlighted in blue is subject to the Neuse Buffer Rules. The portion of the
feature labeled as "14- 1112" and highlighted in red and circled on the attached map, 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
Director in writing c/o Karen Higgins, DWR 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh,
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] Fax: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1Affrmative Action Employer— Made in part by recycled paper

Town of Cove City
Mayor Dred Mitchell, Jr.
Stream Determination
Page 2 of 2
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.
Sinnccer�ely�,
l�V
Robert Tankard, Assists t Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachment: USGS Topographic 1:24,000 Quadrangle Map "Cove City"
cc: DWR 401 & Buffer Permitting Unit
File Copy
Patrick Baker, Craven County Soil and Water Conservation District,
302 Industrial Drive, New Bern, NC 28562
Filename 14 -1112

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