20141265 Ver 1_Buffer Determination_20141222

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Pat McCrory
Governor
December 22, 2014
Larry Bragg
19901 W. Catawba Avenue
Cornelius, NC 28092
John E. Skvarla, III
Secretary
DWQ # 14 -1265
Beaufort County
Subject Property: North Bay Pointe
Scott Creek and UTs to Scott Creek, Tar - Pamlico River Basin --
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC
213.0259)
Dear Mr. Tyson:
On December 12 and 19, 2014, at your request Anthony Scarbraugh conducted an on -site determinations
to review a named feature known as Scott Creek and unnamed tributaries (UTs) to Scott Creek located on
the subject property for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 2B .0233). The features are
labeled as "14 -1265 A through E" on the attached map(s) initialed by Mr. Scarbraugh on December 22,
2014. The project is located on the southwest intersection of Pungo Creek Road and NC Highway 99 and
southeast intersection of Dallas Paul Road and NC Highway 99 in Beaufort County, NC.
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 reach 14 -1265
A at N 35.51421, W 76.66702 and calculated the score to be 32 points. He evaluated the stream reach 14-
1265 B at N 35.51416, W 76.66662 and calculated the score to be 43 points. He evaluated the stream reach
14 -1265 C at N 35.51116, W 76.66924 and calculated the score to be 37 points. He evaluated the stream
reach 14 -1265 D at N 35.50897, W 76.67641 and calculated the score to be 26.5 points. He evaluated the
stream reach 14 -1265 E at N 35.50995, W 76.67718 and calculated the score to be 0 points. The feature
was not present. 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 the portion of the features labeled as "14-
1265 A, 14 -1265 B,14 -1265 C, and 14 -1265 D" on the attached maii and highlighted in blue are subject
to the Tar - Pamlico Buffer Rules. The portion of the features labeled as "14 -1265 A and 14 -1265 D" on the
attached mall and highlighted in red and circled are not subject to the Tar - Pamlico Buffer Rules. The
feature labeled as "14 -1265 E" on the attached map that is highlighted in red is not subject to the Tar -
Pamlico Buffer Rules. The features and the 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
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NO 27889
Phone: [phone] Fax: [phone] Internet: www,ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

Mr. Larry Bragg
Stream Determination
Page 2 of 2
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 (S) 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, 1650 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 (2S2) 948 -3924.
Sincerely,
Jf, If
a,
J - .
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachments: copy of sheet 9, 1995 version of Beaufort County Soil Survey
USGS Topographic 1:24,000 Quadrangle Map "Pantego"
cc: DWR 401 & Buffer Permitting Unit
File Copy .
Filename 14 -1265

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