The URL can be used to link to this page

Home My WebLink About20140820 Ver 1_Buffer Determination_20150317ITMA MUM North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 17, 2015 G &E Smith and Sons, LLC Attn: Mr. Stacy Smith 345 Genoa Road Dudley, NC 28333 Mr. Norwood B. Howell 118 Oak Heights Road Goldsboro, NC 27530 Subject Property: Caraway Creek UT to Caraway Creek, Neuse River Basin Donald R. van der Vaart Secretary DWQ 1114 -0820 Ver. 2 Wayne County On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) Dear Messrs. Smith and Howell: On March 16, 2015, at request of your consultant Mr. John Hutton of Wildlands Engineering, Inc, Anthony Scarbraugh conducted on -site determination to review an unnamed tributary (UT) to Caraway Creek located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "14 -0820 Ver. 2" on the attached map(s) initialed by Mr. Scarbraugh on March 17, 2015. The project is. located between 345 Genoa Road and the Neuse River near the Town of Dudley, Wayne 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 -0820 Ver. 2" at 35.33111 N, 78.01034 W and calculated the score to be 27.25 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 -0820 Ver. 2" on the attached map(s), and highlighted in blue Is subject to the Neuse Buffer Rules. The portion of the feature labeled as "14-0" and highlighted in red and circled on the attached map(s), is not subject to the Neuse Buffer Rules. The portion of the feature labeled as "15 -0096 B" on the attached malill and highlighted in red is not subject to the Neuse 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 decision in any future correspondences concerning this property. This on -site determination shall expire five (5) years from the date of this letter. Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252 - 946-64811 Fax: 252-975,371M Internet: www,nodenr.gov An Equal Opponunity 1 Affirmative Action Employer — Made in part by mcyded paper Stacy Smith and Norwood B. Howell Stream Determination Page 2 of 2 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 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 "SW Goldsboro" cc: DWR 401 & Buffer Permitting Unit File Copy Katie Merritt, DWR 401 & Buffer Permitting Unit Daniel Taylor, Wildlands Engineering, Inc., 312 West Millbrook Road, Suite 225, Raleigh, NC 27609 Fllename 140820 Ver. 2 SCALE 1:12000 0 1000 2000 3000 FEET 078.-.00,60 000011 W 078° 00' 30.0000" W N 11 N coon cu SG 14 -0820 Ver. 2 IL V ��_- -I ` — ` _ Ponds�� N M 078° 00' .0000" W 078° 00' 30.0000" W SCALE 1:12000 0 1000 2000 3000 FEET