20141317 Ver 1_Buffer Determination_20150122

4
Milk
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 22, 2015
TRC Farms Inc.
Mr. Timmy Ray Cox
403 Loop Road
Cove City, NC 28523
Subject Property: TRC Farms /Mosley Creek Drainage
UT to Mosley Creek, Neuse River Basin
Donald R. van der Vaart
Secretary
DWQ # 14 -1317
Craven County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 26
.0233)
Dear Mr. Cox:
On January 13, 2015, at your request, Anthony Scarbraugh conducted on -site determination to review an
unnamed tributary (UT) to Mosley Creek located on the subject property for applicability to the Neuse
Buffer Rules (15A NCAC 2B .0233. The feature is labeled as "14- 1317" on the attached map(s) initialed by
Mr. Scarbraugh on January 22, 2015. The project is located approximately 0.45 miles southwest of the
intersection of Loftin Farm Road and Dove -Fort Barnwell Road near the Town of Dover, Craven 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- 1317"
at 35.25252 N, 77.42751 W and found evidence that these are a man -made features not constructed for
the purposes of navigational access. North Carolina Administrative Code 15A NCAC 02B .0233(3)(a)(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- 1317" on
the attached map(s), 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.
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.
Division!of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252 - 946 -64811 Fax: 252 - 975 -37161 Internet: www.ncdenr.gov
An Equal Opportunity \ Affirmative Action Employer— Made in pad by recycled paper

TRC Farms, Inc.
Mr. Timmy Ray Cox
Stream Determination
Page 2 of 2
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,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachment: USGS Topographic 1:24,000 Quadrangle Map "Dover"
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 -1317

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